Cities Index.
05-17-2022 Searchable Packet

Cupertino City Council
May 17, 2022

Document
05-17-2022 Searchable Packet
Meeting
May 17, 2022
Body
Cupertino City Council
Pages
123
Original file
200.6 MB
Text extracted from the city's file for reading and search. Open the original on cupertino.legistar.com. That file is the official record.

The Main Street and Nineteen800 mixed-use developments have created a vibrant downtown area for Cupertino, offering a large selection of restaurants and retailers, including Alexander’s Steakhouse, Eureka!, Rootstock Wine Bar, Oren’s Hummus, Lazy Dog, Ippudo, HaiDiLao Hot Pot Restaurant, Pressed Juicery, Orangetheory, 85 Degree Bakery, Somi Somi, Sul & Beans, Target Express, Kura Sushi, Vitality Bowls, Doppio Zero, Boiling Point and Jin Tea, Koja Kitchen, Bishops Cuts & Colors, Capezio, Howard’s Shoes, Tan Cha, and Meet Fresh. Housing, office, and a new Residence Inn by Marriott are available to support the thriving area. Benihana, Bowlmor, and Ice Center Cupertino also serve as long-time anchors.

The construction of new retail and commercial development strengthens existing popular venues in Cupertino, including The Marketplace. The Marketplace has a variety of stores and restaurants popular with students, families, and working professionals. They include Galpao Gaucho, Daiso, Marukai Groceries, Harumi Sushi, La Patisserie Bakery, Beard Papa’s, Legend’s Pizza, Merlion Restaurant, Icicles, Kong’s Tofu & BBQ, Rori Rice, One Pot Shabu Shabu, Olarn Thai, and Erik’s DeliCafé to name a few.

Cupertino Village is undergoing renovations to upgrade existing buildings, construct new buildings, parking, and open-courtyard space. The shopping center is home to 99 Ranch Market, Duke of Edinburgh Pub & Restaurant, JSJ Street Kitchen, Kira Kira Beauty, MOD Pizza, Ten Ren Tea, Fantasia Coffee & Tea, Yoga Wave, Happy Lemon, Joy Luck Palace, Kee Wah Bakery, and many other Asian restaurants, bakeries, and shops.

Cupertino features many other retail opportunities, including TJ Maxx and Home Goods, Whole Foods, Target, Party City, and over 180 restaurants to serve residents and the local workforce. There are now seven hotels providing over 1,000 rooms, to serve the area: The Aloft Cupertino, Cupertino Hotel, Hilton Garden Inn, Juniper Hotel operated by Curio, Marriott Courtyard, the Residence Inn by Marriott, and the newest addition is the Hyatt House.

The redevelopment of the Homestead Square Shopping Center, located at Homestead Road and De Anza Boulevard, includes a 24-hour Safeway, Ulta Beauty, Ross Stores, Stein Mart, Pet Club, Michael’s, Rite Aid, FedEx, and numerous restaurants, such as Fish’s Wild, Pho Hoa Noodle Soup, Yayoi Teishoku Japanese Restaurant, Starbucks, and Chipotle.

Apple completed construction of its new corporate campus, Apple Park, which includes approximately 2.8 million square feet of office and R&D space north of Highway 280 between Wolfe Road and Tantau Avenue. A state-of-the-art Visitors Center, Observation 814
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Deck, flagship retail store and café are open to the public seven days a week. 2020 City Profile
The City of Cupertino operates as a general law city with a City Council-City Manager form of government. Five council members serve four year, overlapping terms, with elections held every two years. The Council meets twice a month on the first and third Tuesday at 6:45 p.m. in Cupertino Community Hall. The meetings can be viewed on the City website.

The City has 197.75 authorized full-time benefited employee positions. Departments include:
• City Council & Commissions
• Administration (City Manager, City Clerk, City Attorney) • Innovation Technology (GIS, Infrastructure, Applications) • Administrative Services (Finance, Human Resources)
• Parks and Recreation (Business and Community Services, Recreation and Education, Sports, Safety, and Outdoor Recreation)
• Community Development (Planning, Building, Housing Services, Code Enforcement) • Public Works (Environmental Programs, Developmental Services, Service Center, Grounds, Streets, Trees and Right of Way, Facilities and Fleet, Transportation, Storm Drain Management)
• Public Safety services are provided by the Santa Clara County Sheriff’s Department and the Santa Clara County Fire District.

Assisting the City Council are several citizen advisory commissions and one committee including:
• Audit Committee
• Fine Arts Commission
• Housing Commission
• Library Commission
• Parks and Recreation Commission
• Planning Commission
• Public Safety Commission
• Sustainability Commission
• Teen Commission
• Technology, Information and
Communication Commission
The Commissioners are appointed by Council and vacancies are announced so that interested residents can apply for the positions. For more information, visit cupertino.org/commissions.

Housing
Based on data from Corelogic the median sales price for an existing single-family home was $2,080,000 in February 2020. For housing programs in Cupertino, please see “Programs & Applications.”
Community Health Care Facilities
Cupertino is served by the Cupertino Medical Clinic, NovaCare Occupational Health Services.

Nearby hospitals include Kaiser Permanente Medical Center in Santa Clara, El Camino Hospital in Mountain View, O’Connor Hospital in San Jose, Community Hospital of Los Gatos, Stanford Hospital in Palo Alto, and the Saratoga Walk-in Clinic in Saratoga. 815
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Utilities
Gas & Electric Pacific Gas and Electric, 800-743-5000
Phone AT&T residential service, 800-894-2355
AT&T business service, 800-750-2355
Cable Comcast, 800- 945-2288
Solid Waste & Recycling Recology, 408-588-7200
Water San Jose Water Company, 408-279-7900
California Water Service, 650-917-0152
Sewer Service Cupertino Sanitary District, 408-253-7071 Tax Rates and Government Services
Residential, commercial, and industrial property is appraised at full market value as it existed on March 1, 1975, with increases limited to a maximum of 2% annually. Property created or sold since March 1, 1975 bears full cash value as of the time created or sold, plus the 2% annual increase. The basic tax rate is $1.00 per $100 (full cash value) plus any tax levied to cover bonded indebtedness for county, city, school, and other taxing agencies. Assessed valuations and tax rates are published annually after July 1.

Assessed Valuation (Secured and Unsecured)
Cupertino: $26,013,180,424 (7/19)
County: $516,068,803,614 (7/19)
Retail Sales Tax Distribution
Agency Sales Tax Distribution
• State 6.000%
• VTA 1.125%
• City of Cupertino 1.000%
• County General Purpose 0.625%
• County Transportation 0.250%
Total: 9.000%
Transportation
Rail: The CalTrain station is four miles north of Cupertino. The Amtrak station is 10 miles south.

Air: The San Francisco International Airport is located roughly 30 miles north, and the Mineta San Jose International Airport is located approximately 11 miles south.

Bus: Cupertino is served by the Santa Clara Valley Transportation Authority. The routes listed below pass through the City. For Cupertino-specific schedules and maps visit their online website:

Route 23 San Jose – Mountain View/Palo Alto
Route 25 San Jose – De Anza College
Route 26 Eastridge – Lockheed
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Route 36 East San Jose – Vallco
Route 51 Vallco – Moffett/Ames
Route 53 Westgate – Sunnyvale
Route 55 De Anza – Great America
Route 81 East San Jose – Vallco
Express 101 Camden/Branham – Palo Alto
Express 501 Palo Alto – I.B.M Bailey
Car: The City of Cupertino is in the heart of the world-renowned Silicon Valley. The major highway transportation facilities are Interstate Route 280 and State Route 85 freeways. The City is linked internally by several principal arterials and Santa Clara County expressways. Principal arterials are De Anza Boulevard, Stevens Creek Boulevard, and Wolfe Road. Nearby expressways are Lawrence Expressway and Foothill Expressway.

Sister Cities
City of Cupertino recognizes the value of developing people-to-people contacts by strengthening the partnerships between the city and its four sister cities of Copertino, Italy; Hsinchu, Taiwan; Toyokawa, Japan, and Bhubaneswar, India. Cupertino’s Sister City partnerships have proven successful in fostering educational, technical, economic, and cultural exchanges. Over the years, there have been many delegations visiting both the cities as well as many local students participating in annual student exchange programs.

Education
________________________________________________________________________________________________________________ Winners of numerous state and national awards for excellence, Cupertino’s schools are widely acknowledged as models of quality instruction.

Cupertino Union School District serves over 18,000 students in a 26 square mile area that includes Cupertino and portions of five other cities. The district has 20 elementary schools and five middle schools, including several choice programs. Eighteen schools have received state and/or national awards for educational excellence.

Student achievement is exceptionally high. Historically, district test scores place Cupertino among the premier public school districts in California. The district is a leader in the development of standards-based system of education and is nationally recognized for leadership in the use of technology as an effective tool for learning. Quality teaching and parent involvement are the keys to the district’s success.

The Fremont Union High School District serves 10,000 students in a 42 square mile area covering all of Cupertino, most of Sunnyvale, and portions of San Jose, Los Altos, Saratoga, and Santa Clara. The five high schools of the district have garnered many awards and recognition based on both the achievement of students and the programs designed to support student 817
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achievements. Many high schools in the district exceed their established achievement targets for the State Academic Performance Index. District students are encouraged to volunteer and provide service to organizations within the community. During their senior year, if students complete 80 hours of service to a non-profit community organization, they are recognized with a “Community Service Award” medal that may be worn at their graduation ceremonies.

Building on its tradition of excellence and innovation, De Anza College challenges students of every background to develop their intellect, character, and abilities; to achieve their educational goals; and to serve their community in a diverse and changing world.

De Anza College offers a wide range of quality programs and services to meet the work force development needs of our region. The college prepares current and future employees of Silicon Valley in traditional classroom settings and customized training arranged by employers. Several De Anza programs encourage economic development through college credit courses, short-term programs, services for manufacturers, technical assistance, and/or recruitment and retention services.

Programs & Applications
Community Outreach Programs
Leadership 95014
Leadership 95014 is a program designed by the City of Cupertino, Wilfred Jarvis Institute, and other local sponsors to offer an exciting adult program that is guaranteed to enhance the participants’ leadership skills. The ten full-day sessions feature inside looks at local governments, the social sector, local non-profit organizations, and educational institutions. This 9-month program is offered annually, September to May, and applications can be found online.

Neighborhood Block Leader Program
Good neighborhoods are those where neighbors work together on common issues and look out for each other. Block leaders take extra steps to connect neighbors and build community, making our neighborhoods safer and more harmonious. The Block Leader Program teaches residents how to get to know their neighbors and how to organize activities so neighbors can more easily communicate with each other. Block leaders are vital links between City Hall and the neighborhoods, and leaders gain the inside track on neighborhood development activities.

Neighborhood Watch
Neighborhood Watch is a crime prevention program that enlists the active participation of citizens in cooperation with law enforcement to reduce crime in our communities. The program involves: neighbors getting to know each other and working together in a program of mutual assistance; citizens being trained to recognize and report suspicious activities in their 818
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neighborhoods; and implementation of crime prevention techniques such as home security and operation identification. To organize a Neighborhood Watch program in your neighborhood, please contact the Neighborhood Watch Coordinator at 408-777-3177. eCAP
Email Community Alert Program (eCAP) was created by the Santa Clara County Sheriff’s Office to prevent and reduce crime by raising community awareness, minimizing opportunities for crime, and increasing the possibility of solving crimes with the public’s help. Cupertino residents may voluntarily register their email addresses with the Sheriff’s Office for community alert messages. Citizens can sign-up at a Neighborhood Watch meeting or log-on to the City of Cupertino’s eCAP online registration.

Affordable Housing: BMR (Below Market Rate) Program
The City of Cupertino requires 15% of all new construction be affordable to households below 120% of the County median income. Rental units are affordable to very low and low-income households while ownership units are affordable to median and moderate-income households.

The City of Cupertino contracts with West Valley Community Services (WVCS) to screen and place qualified households in most of the city’s BMR units. WVCS maintains a waiting list of interested persons for these BMR units. If interested, please call 408-255-8033. More information can be found online.

Smart Phone Applications
Mobile 95014
City of Cupertino’s Mobile 95014 app offers latest listing of Cupertino news and events as well as local parks, schools, and recreation offerings in the city. This app showcases environmental services and community services such as Block Leaders and Neighborhood Watch programs. Users can learn about public safety and contact City Council members and City officials. The app also offers links to Cupertino’s social media sites.

Trees 95014
Trees 95014 is an iPhone/iPad and Android app which provides details about the city-planted trees in Cupertino. Users can search for trees by street name or by current location. The search results show the picture of the tree and details such as location, height, diameter, and species.

Cupertino residents can also sign up their tree, name their tree, and request tree service through this app.

Eats 95014
Eats 95014 is the local restaurant app that showcases Cupertino’s dining options such as restaurants, grocery stores, farmers’ markets, and vineyards. The app provides information on the services offered at such eating places including store hours, parking information, noise level, directions, and website link.
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Ready 95014
Ready 95014 is an app that puts safety information into the hands of Cupertino residents. Steps to prepare and respond to emergencies including earthquakes, floods, fires, and pandemics are outlined in an easy-to-understand format. The app also streams Cupertino’s own AM radio station (1670 AM) and has a map of the City’s Area Resource Centers, satellite locations opened after disasters to provide public assistance.

Website Applications
Cupertino.org/ShopAndDine
This interactive website app offers users mapping features of current Cupertino businesses and restaurants.

Community Statistics
Facts and Figures1
1 Claritas 2020 Estimates and California Statewide Direct Primary Election June 5, 2018 Population in City Limits 66,762
Average Household Income $242,777
Average Age 40.4
Registered Voters 28,539
Democrats 11,113
Republicans 4,648
American Independent 402
Other 218
No Political Party Designated 12,158
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Top 25 Sales Tax Producers
Fourth Quarter 2019 in Alphabetical Order
7 Eleven BJ’s Restaurant &
Brewhouse
Lazy Dog Cafe TJ Maxx
99 Ranch Market California Dental Arts Rotten Robbie Ulta Beauty Alexander’s Steak
House
Chevron Safeway Valero
Alliance Estel Group Seagate Technology Whole Foods Market Apple Galpao Gaucho Shane Company
Argonaut Window & Door Haidilao Hot Pot Shell
Benihana Insight Direct Target

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Community and Recreation Services
Blackberry Farm
Blackberry Farm has been upgraded and restored to improve the natural habitat for native trees, animals, and fish. Improvements to the park include construction of a new ticket kiosk, replastered pools, a new water slide, bocce ball, horseshoe courts, and numerous upgrades to the west bank picnic area. The park is located at 21979 San Fernando Avenue. Telephone: 408-777- 3140.

The Blackberry Farm Golf Course is located at 22100 Stevens Creek Boulevard. Telephone: 408- 253-9200.

The Quinlan Community Center
The City of Cupertino’s Quinlan Community Center is a 27,000 square foot facility that provides a variety of recreational opportunities.

Most prominent is the Cupertino Room - a multi-purpose room that can accommodate 300 people in a banquet format.

Telephone: 408-777-3120.

Cupertino Sports Center
The Sports Center is a great place to meet friends. The facility features 17 tennis courts, complete locker room facilities, and a fully-equipped fitness center featuring free weights, Cybex, and cardio equipment. A teen center and a child-watch center are also included. The center is located at the corner of Stevens Creek Boulevard and Stelling Road. Telephone: 408- 777-3160.

Cupertino Senior Center
The Senior Center provides a welcome and friendly environment for adults over age 50. There is a full calendar of opportunities for learning, volunteering, and enjoying life. There are exercise classes, computer lab classes, and English as a second language classes, and cultural and special interest classes. The center also coordinates trips and socials.

The Senior Center is located at 21251 Stevens Creek Boulevard and is open Monday through Friday, 8 a.m. to 5 p.m. Telephone: 408-777-3150.

Civic Center and Library
The complex has a 6,000 square foot Community Hall, plaza with fountain, trees, and seating areas. City Council meetings, Planning Commission sessions, and Parks and Recreation Commission sessions are held in the Community Hall.

The 54,000 square foot library continues to be one of the busiest libraries in the Santa Clara County Library system. For more information, call 408-446-1677. 822
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McClellan Ranch Park
A horse ranch during the 1930’s and 40’s, this 18-acre park has the appearance of a working ranch. Preserved on the property are the original ranch house, milk barn, livestock barn, and two historic buildings: Baer’s Blacksmith Shop, originally located at DeAnza and Stevens Creek, and the old water tower from the Parish Ranch, now the site of Memorial Park. Rolling Hills 4- H Club members raise rabbits, chickens, sheep, swine, and cattle. The Junior Nature Museum, which features small live animal exhibits and dispenses information about bird, animal, and plant species of the area, is also located at the ranch. The newly opened Environmental Education Center has Open House hours on Friday, Saturday, and Sunday. McClellan Ranch is located at 22221 McClellan Road. Telephone: 408-777-3120.

Things to Do and See
Euphrat Museum of Art
The highly regarded Euphrat Museum of Art, at its new location next to the new Visual Arts and Performance Center at De Anza College, presents one-of-a-kind exhibitions, publications, and events reflecting the rich diverse heritage of our area. The Museum prides itself on its changing exhibitions of national and international stature emphasizing Bay Area artists.

Museum hours are 10 a.m. – 3 p.m. Monday through Thursday. Telephone: 408-864-5464 Apple Park Visitor Center, Store & Café
A state-of-the-art Visitors Center, Observation Deck, flagship retail store and café are open to the public seven days a week. The Visitor Center is located at 10600 N Tantau Avenue.

Free parking is available. For more information, visit the website at www.apple.com/retail/appleparkvisitorcenter or call 408-961-1560.

Fujitsu Planetarium
The Fujitsu Planetarium on the De Anza College campus is a must-visit Cupertino facility for stargazers. It hosts a variety of planetarium shows and events, including educational programs for school groups and family astronomy evenings. For more information, visit the website at http://planetarium.deanza.edu or call 408-864-8814.

Cupertino Historical Society
The Cupertino Historical Society was founded in 1966 by a group of 177 longtime residents and is dedicated to the preservation and exhibition of the city’s history. Their museum, located at the Quinlan Community Center, develops and expands the learning opportunities that it offers to the ethnically diverse community of the City of Cupertino. Telephone: 408-973-1495.

Farmers’ Markets
There are two farmers’ markets located in the City of Cupertino. One is held on Fridays from 8:30 a.m. to 1:00 p.m. at Creekside Park located at 10455 Miller Avenue, and the other is held 823
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every Sunday from 9:00 a.m. to 1:00 p.m. at The Oaks Shopping Center, 21275 Stevens Creek Blvd.

California History Center
The California History Center and Foundation is located on the De Anza College campus. The center has published 37 volumes on California history and has a changing exhibit program. The center’s Stocklmeir Library Archives boast a large collection of books, pamphlet files, oral history tapes, videotapes, and a couple thousand student research papers. The library’s collection is for reference only. Heritage events focusing on California’s cultural and/or natural history are offered by the center each quarter. For more information, call 408-864-8987. The center is open September through June, Tuesday through Thursday, from 9:30 a.m. to noon and 1:00 p.m. to 4:00 p.m.

Local Wineries
The Santa Cruz Mountains has played a pivotal role in the history of winemaking in California, with roots going back over 100 years, and including legendary winemakers such as Paul Masson, Martin Ray, David Bennion (Ridge), and David Bruce. The Santa Clara Valley Wine Trail features wineries in the southern portion of Santa Clara County, including Cupertino.

Take some time to enjoy Cupertino-based wineries: Fellom Ranch Vineyards, Naumann Vineyards, Picchetti Winery, R&W Vineyards, Ridge Vineyards, and Vidovich Vineyards, as well as the breathtaking scenery of the surrounding foothills.

Photo courtesy of Ridge Vineyards
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Preliminary Draft

CITY OF CUPERTINO,

CALIFORNIA

SINGLE AUDIT
Year ended June 30, 2021
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Preliminary Draft

CITY OF CUPERTINO
Cupertino, California

SINGLE AUDIT
Year ended June 30, 2021

CONTENTS
INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT

OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH
GOVERNMENT AUDITING STANDARDS............................................................................................ 1 INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL CONTROL OVER COMPLIANCE;

AND REPORT ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE ........................................................................................ 3

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS ................................................................... 5 NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS ............................................... 6 SCHEDULE OF FINDINGS AND QUESTIONED COSTS ....................................................................... 7 SCHEDULE OF PRIOR YEAR FINDINGS ............................................................................................... 8 826
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Crowe LLP
Independent Member Crowe Global
(Continued)
1 INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and City Council
City of Cupertino, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Cupertino, California (the City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated November 16, 2021.

Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weakness. However, material weaknesses may exist that have not been identified.
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Preliminary Draft
2 Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Crowe LLP
Costa Mesa, California
April 8, 2022
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Preliminary Draft
Crowe LLP
Independent Member Crowe Global
(Continued)
3 INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR
EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL CONTROL OVER COMPLIANCE; AND REPORT ON THE SCHEDULE OF EXPENDITURES OF

FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE
To the Honorable Mayor and City Council
City of Cupertino, California
Report on Compliance for Each Major Federal Program
We have audited the City of Cupertino, California (the City’s) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of City’s major federal programs for the year ended June 30, 2021. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.

Auditor’s Responsibility
Our responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City’s compliance.

Opinion on Each Major Federal Program
In our opinion, the City of Cupertino complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.
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4 Report on Internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated November 16, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Crowe LLP
Costa Mesa, California
November 16, 2021
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Preliminary Draft

CITY OF CUPERTINO, CALIFORNIA

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
Year ended June 30, 2021
See accompanying notes to schedule of expenditures of federal awards. 5 Federal Agreement Number
Assistance / Pass-Through Amount
Federal Grantor/ Listing Identifying Federal Provided to Pass-Through Grantor/Program or Cluster Title Number Number Expenditures Subrecipients U.S. Department of Housing and Urban Development
CDBG – Entitlement Grants Cluster
Community Development Block Grants/Entitlement Grants 14.218 B20MC060057 $ 360,438 $ 288,981 COVID-19 - CDBG 14.218 N/A 229,017 185,000
Total U.S. Department of Housing and Urban Development 589,455 473,981 U.S Department of Treasury
Passed through the State of California Controller's Office COVID-19 - Coronavirus Relief Fund 21.019
Budget Act of 2020,
Control Section 11.90 735,259 - Total U.S. Department of Treasury 735,259 - U.S. Department of Transportation Passed through the State of California Department of Transportation Highway Planning and Construction Cluster
Highway Planning and Construction 20.205 BPMP-5318(029) 13,656 - Highway Safety Improvement Program (HSIP) 20.205 HSIPL-5318 (030) 18,866 - 750 OBAG 20.205 STPL 5318(031) 701,250 - Total U.S. Department of Transportation 733,772 - Total Expenditures of Federal Awards $ 2,058,486 $ 473,981 831
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CITY OF CUPERTINO, CALIFORNIA

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
Year ended June 30, 2021
6 NOTE 1 - BASIS OF PRESENTATION
The accompanying Schedule of Expenditures of Federal Awards includes the federal grant activity of the City of Cupertino, California (the City) for the year ended June 30, 2021. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the City’s operations, it does not present the financial position, changes in net position, or cash flows of the City.

NOTE 2 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the principles contained in the Uniform Guidance wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the Schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. The City has elected not to use the 10-percent de minimis indirect cost rate as allowed under the Uniform Guidance.

NOTE 3 – MAJOR PROGRAMS
In accordance with the Uniform Guidance, major programs for the City are individual programs or a cluster of programs determined by using a risk-based analysis. The threshold for distinguishing Type A and Type B programs was $750,000 and $187,500, respectively. Awards from the CDBG-Entitlement Grants Cluster and Highway Planning and Construction Cluster are designated as clusters of programs.

NOTE 4 - NON-CASH ASSISTANCE
The City had no non-cash assistance during the year.

NOTE 5 - FEDERAL INSURANCE
The City had no Federal Insurance in force during the year. 832
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CITY OF CUPERTINO, CALIFORNIA

SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Year ended June 30, 2021
7 SECTION I - SUMMARY OF AUDITOR’S RESULTS
Financial Statements
Type of report the auditor issued on whether
the financial statements audited were prepared
in accordance with GAAP: Unmodified
Internal control over financial reporting:

Material weakness(es) identified? Yes X No
Significant deficiency(ies) identified? Yes X None reported Noncompliance material to financial statements noted? Yes X No Federal Awards
Internal control over major federal programs:

Material weakness(es) identified? Yes X No
Significant deficiencies identified not
considered to be material weaknesses? Yes X None reported Type of auditor’s report issued on compliance for
major federal programs: Unmodified
Any audit findings disclosed that are required to be
reported in accordance with 2 CFR 200.516(a)? Yes X No
Identification of major federal programs:

Federal Assistance Listing Number Name of Federal Program or Cluster

20.205 Highway Planning and Construction Cluster

21.019 COVID-19 - Coronavirus Relief Funding
Dollar threshold used to distinguish between
type A and type B programs: $ 750,000
Auditee qualified as low-risk auditee? Yes x No
SECTION II – FINANCIAL STATEMENT FINDINGS
None.

SECTION III – FEDERAL AWARD FINDINGS AND QUESTIONED COSTS None.
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CITY OF CUPERTINO, CALIFORNIA

SCHEDULE OF PRIOR YEAR FINDINGS
Year ended June 30, 2021
8 None.
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REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON

PROCEDURES
To the Honorable Mayor and City Council
City of Cupertino, California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:

We have performed the procedures enumerated below, which were agreed to by the Honorable Mayor and City Council of the City of Cupertino, California (the “City”) on the Appropriations Limit Worksheet (Worksheet), related to the City’s compliance with Section 1.5 of Article XIIIB of the California Constitution during the period ending June 30, 2021. Management is responsible for compliance with Section 1.5 of Article XIIIB of the California Constitution. The sufficiency of these procedures is solely the responsibility of the City. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

Refer to Appendix A.

This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on compliance with Section 1.5 of Article XIIIB of the California Constitution. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the Honorable Mayor and the City Council and is not intended to be and should not be used by anyone other than these specified parties.

Crowe LLP
Costa Mesa, California
January 25, 2022
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APPENDIX A – SCHEDULE OF PROCEDURES AND FINDINGS
The procedures to be performed were as follows:

1. Procedure: We obtained the Worksheet provided by the City and determined that the 2020-2021 Limit amounting to $109,062,934 and annual adjustment factors were adopted by Resolution 20-086 of the Honorable Mayor and City Council. We also determined that the population and inflation factors were selected by a recorded vote of the Honorable Mayor and City Council.

Result: The procedures were performed without exception.

2. Procedure: We recomputed the 2020-2021 Appropriations Limit by multiplying the 2019-2020 Appropriations Limit by the adjustment factors.

Result: The procedures were performed without exception.

3. Procedure: For the Worksheet, we agreed the Per Capita Income, County and City Population Factors to California State Department of Finance Worksheets.

Result: The procedures were performed without exception. 836
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REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON

PROCEDURES
To the Honorable Mayor and City Council
City of Cupertino, California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:

We have performed the procedures enumerated in Appendix A on the 2019 Clean Water and Storm Protection Fee of the City of Cupertino, California (the “City”). The City’s management is responsible for the 2019 Clean Water and Storm Protection Fee.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of assisting users in understanding the 2019 Clean Water and Storm Protection Fee. We make no representation regarding the appropriateness of the procedures either for the purpose for which this report has been requested or for any other purpose. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. An agreed-upon procedures engagement involves performing specific procedures that the engaging party has agreed to and acknowledged to be appropriate for the intended purpose of the engagement and reporting on findings based on the procedures performed.

The procedures and the associated findings are contained in Appendix A.

We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the 2019 Clean Water and Storm Protection Fee. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City and is not intended to be and should not be used by anyone other than these specified parties. 837
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Crowe LLP
Costa Mesa, California
February 24, 2022
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APPENDIX A – SCHEDULE OF PROCEDURES AND FINDINGS
The procedures to be performed were as follows:

1. Procedure: We selected 100% of the revenue transactions recorded in the Environmental Management/Clean Creeks Special Revenue Fund (Fund 230) for the period January 1, 2020 thru December 31, 2020 and performed the following procedures:
a. Observed the Clean Water and Storm Protection fees have been deposited and recorded in Fund 230 per Section 3.38.160A of the Cupertino Municipal Code. b. Obtained the County tax remittance statement for each specific receipt (as provided by the County) and observed the cash collected in total on the statement agrees to the amount deposited in Fund 230 in accordance with Section 3.38.070 of the Cupertino Municipal Code, which specifies that the City elects to have fees collection on the tax roll in the same manner as property taxes.
c. Obtained the City support <e.g., schedule of fees billed to property owners in situation where the fee was not included in the annual tax assessment or Schedule> and observed the cash collected in total per the City’s Schedule agrees to the amount deposited in Fund 230 in accordance with Section 3.38.090 of the Cupertino Municipal Code, which specifies that the City Finance Department bills out fees to property owners in situations where the fee was not included in the annual tax assessment.

Finding: The procedure was performed with no exceptions noted.

2. Procedure: We selected 60% of the non-payroll expenditure transactions recorded in Fund 230 for the period January 1, 2020 thru December 31, 2020 and performed the following procedures:
a. Obtained the City invoices and purchase orders for the expenditures selected, and observed the description of expenditures on the invoice and purchase order, as well as the assigned object code on the purchase order from the City were for allowed purposes per Section

3.38.010B of the Cupertino Municipal Code, which specifies allowable activities are defined as acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes. b. Obtained the City invoices and purchase orders for the nonpayroll expenditures selected and observe the description of expenditures on the invoice and purchase order were for allowed purposes per Section 3.38.0160A and 3.38.0160B of the Cupertino Municipal Code. Section

3.38.160A of the Cupertino Municipal Code specifies allowable from the overall perspective as direct costs and administrative costs, while 3.38.160B of the Cupertino Municipal Code specifically defines direct costs as wages and salaries and costs of employee fringe benefits and mileage reimbursement attributable to said collection activities, with administrative costs as all costs for computer service, materials, postage supplies and equipment. c. Obtained the City documentation for all refunds issued and observe the Finance Director authorized the refund through written approval in accordance with Section 3.38.170 of the Cupertino Municipal Code.

Finding: The procedure was performed with no exceptions noted.

3. Procedure: We sampled one pay period (selected on a haphazard basis) between January 1, 2020 and December 31, 2020 to recompute employee allocation in the general ledger for activity recorded in Fund 230 and compared to the City’s calculations as follows:
a. Sampled at least 10% of the time cards of applicable employees charged in Fund 230 to the selected payroll period (selected on a haphazard basis) and observe written approval by supervisors.
b. Obtained documentation of the general ledger distribution for the payroll period selected and recalculate the distribution and agree the results to the budgeted allocation and the functional allocation matrix established by management. The budgeted allocation shall be specified by City-established allocation worksheets used to estimate the amount of actual time spent on the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage 839
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system of the City or related green infrastructure or other activities required by the City’s NPDES permits.

Finding: The procedure was performed with no exceptions noted. 840
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REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON

PROCEDURES
To the Honorable Mayor and City Council
City of Cupertino, California
10300 Torre Avenue
Cupertino, California 95014-3202
Ladies and Gentlemen:

We have performed the procedures enumerated below, which were agreed to by the Honorable Mayor and the City Council of the City of Cupertino, California (the “City”), on the Investment Policy of the City. The City’s management is responsible for the Investment Policy. The sufficiency of these procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures enumerated below either for the purpose for which this report has been requested or for any other purpose.

Refer to Appendix A.

This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Investment Policy. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of the Honorable Mayor and City Council and is not intended to be and should not be used by anyone other than these specified parties.

Crowe LLP
Costa Mesa, California
January 27, 2022
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APPENDIX A – SCHEDULE OF PROCEDURES AND FINDINGS
The procedures to be performed were as follows:

1. Procedure: We obtained the Investment Policies (policies), dated May 2020, approved by the Honorable Mayor and the City Council. We compared the investments authorized by the policy with the investments listed in the March 2021 Treasurer’s Investment Report to determine if all investment types are allowed by the investment policy.

Result: The procedure was performed with no exceptions noted.

2. Procedure: We compared the City’s Investment Policy with California Government Code Section 53601 to determine whether the City’s Investment Policy complied with California Government Code Section 53601.

Result: The procedure was performed with no exceptions noted.

3. Procedure: We compared the March 2021 Treasurer’s Investment Report with California Government Code Section 53646 to ensure that the March 2021 Treasurer’s Investment Report complied with California Government Code Section 53646.

Result: The procedure was performed with no exceptions noted.

4. Procedure: We inquired of the Finance Manager whether investment performance statistics and activity reports were generated on a quarterly basis for presentation to the Oversight (Audit) Committee, City Manager and the Honorable Mayor and the City Council, as required by the Investment Policy.

Result: The procedure was performed with no exceptions noted.

5. Procedure: We inquired of the Finance Manager and documented our understanding of the wire transfer procedures.

Result: The procedure was performed with no exceptions noted. We noted that the City’s wire transfer procedures indicate that if a wire is initiated by one of the City’s accountants, then the Finance Manager has the authority to approve the transfer, pending that the applicable expenses and reasoning/need for the wire are appropriate relating to the request. If the Finance Manager initiates the wire, then the Director of Administration can approve the wire transfer pending the requirements noted above.

6. Procedure: We randomly selected three investment sales/maturities from various quarters of Treasurer’s Reports and performed the following:
• Traced investment type to the supporting broker’s confirmation and the Chandler Report. • Traced the maturity date to the supporting broker’s confirmation and the Chandler Report. • Traced the amount of the investment sold to the supporting broker’s confirmation and the Chandler Report.

Result: The procedure was performed with no exceptions noted.

7. Procedure: We randomly selected two investments purchased (one as of October 2020 and one as of March 2021) for fiscal year 2021 from the City’s investments files and performed the following:
• Trace the purchased investments to the corresponding Treasurer’s Investment Report for the month in which the investments were acquired.
• Agree the amount, terms and interest rate to the Treasurer’s Investment Report. 842
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• Verify that the investment type is authorized by the Investment Policy by comparing the type of investment to the allowable types per the Investment Policy.

Result: The procedure was performed with no exceptions noted.

8. Procedure: We obtained the Wells Fargo Bank Market/Cost Value Comparison Report, the City’s third party investment safekeeping custodian, for March 2021 and traced the following from each investment listed in the Wells Fargo statement to the City’s March 2021 Treasurer’s Investment Report:
• Investment description
• Market value
• Purchase date
• Maturity date
• Coupon rate
Result: Per observation of the Wells Fargo Bank Market/Cost Value Comparison report, purchase dates are not presented and could not be agreed to the City’s Treasury Investment Report. This section of the procedure could not be performed. The remainder of the procedure was performed with no exception.

9. Procedure: We traced three randomly selected Federal Agency investments that were purchased in fiscal 2021 and traced the reported ratings to Moody’s rating online.

Result: The procedure was performed with no exception noted.

10. Procedure: For the March 2021 Treasurer’s Investment Report, we re-computed or obtained third-party corroborating evidence of the correct listing of:
• Average Yield
• Market value
• Purchase date
• Duration
Result: We obtained the March 2021 Treasurer’s Investment Report prepared by Chandler Asset Management, Inc. and the Wells Fargo Market/Cost Value Comparison. The procedure was performed with no exceptions noted.
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1. To the Honorable Mayor and City Council
City of Cupertino, California
In planning and performing our audit of the financial statements of the City of Cupertino, California (“City”) as of and for the year ended June 30, 2021, in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, we considered the City’s internal control over financial reporting (“internal control”) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and therefore, there can be no assurance that all deficiencies, significant deficiencies, or material weaknesses have been identified. However, as discussed below, we identified certain matters that we wish to communicate to you. Matters communicated in this letter are classified as follows:
 Deficiency – A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis.

Immaterial Noncompliance over Procurement – Highway
Planning and Construction Cluster
Deficiency
Control Deficiency: Per the Part III of the Annual Compliance Supplement, the City's procurement policies and procedures are required to conform to 2 CFR 200.318 of the Uniform Guidance, which detail the federal procurements requirements.

The City's documented procurement policies provide specific references to state and local procurement requirements. However, there are no references to federal requirements under the Uniform Guidance.

Context: Although the City’s documented procurement policies and procedures do not specifically reference the federal requirements, the results of our compliance testing did not note any specific noncompliance with the applicable federal regulations.

Potential Effect: As the City's procurement policies and procedures do not reference the Uniform Guidance, the City may be susceptible to noncompliance with federal requirements.

Recommendation: We understand that the City has been updating its policies and procedures related to procurement as part of a pre-existing City-wide project. We recommend that the City continue its efforts to update its policies and procedures and ensure that applicable federal requirements are reflected in the updated documentation.

The purpose of this letter is solely to describe the scope of our testing of internal control over financial reporting and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. This letter is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Accordingly, this letter is not suitable for any other purpose. 844
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2. Crowe LLP
Costa Mesa, California
March xx, 2022
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CITY OF CUPERTINO
Agenda Item
22-10935 Agenda Date: 5/17/2022
Agenda #: 29.

Subject: Consider accepting the City Investment Policy
Adopt Resolution No. 22‐058 accepting the City Investment Policy. /// Recommended Postponement:

Postponement to May 19, 2022 meeting
CITY OF CUPERTINO Page 1 of 1 Printed on 5/12/2022
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CITY COUNCIL STAFF REPORT
Meeting: May 17, 2022
Subject
Consider accepting the City Investment Policy.

Recommended Action
Adopt Resolution No. 22‐XXX accepting the City Investment Policy.

Discussion
On an annual basis, the Audit Committee reviews the Cityʹs investment policy before it is presented to City Council.

The investment policy is the foundation of the Cityʹs investment goals and priorities. It can help protect the Cityʹs assets if it is carefully researched, effectively drafted, and regularly reviewed to assure that it continues to meet the Cityʹs investment objectives.

The existence of an approved investment policy demonstrates that the City is performing its fiduciary responsibilities, thereby inspiring trust and confidence among the public that it serves.

The investment policy provides guidelines for the prudent investment of the Cityʹs temporary idle cash. It outlines the policies for maximizing the efficiency of the Cityʹs cash management system.

California Government Code section 53646(a)(2) states:
[T]he treasurer or chief fiscal officer of the local agency may annually render to the legislative body of that local agency and any oversight committee of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting.

Assembly Bill 2853 (Chapter 889, Statutes of 2004) amended section 53646(a)(2) to make presentation of the investment policy to the City Council optional. While no longer 847
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required by Code, the City annually presents the investment policy to the Audit Committee before presenting it to City Council for approval.

In FY 2018‐19, the City selected Chandler Asset Management for investment management services through a Request for Proposal (RFP). Under the Cityʹs Treasurerʹs direction, Chandler Asset Management manages the Cityʹs investment portfolio in accordance with the Cityʹs investment objectives. The Cityʹs investment objectives, in order of priority, are to provide
 Safety to ensure the preservation of capital in the overall portfolio  Sufficient liquidity for cash needs
 A market rate of return consistent with the investment program The performance objective is to earn a total rate of return through a market cycle equal to or above the return on the benchmark index. To achieve the objective, Chandler Asset Management invests in high‐quality fixed‐income securities consistent with the Cityʹs investment policy and Code.

Chandler Asset Management reviewed the Cityʹs investment policy. The review of the policy focused on compliance with the statutes of Code that govern the investment of public funds and the inclusion of current best practices. There were no changes to Code for 2022. The Cityʹs policy continues to be effective as written.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by:  Thomas Leung, Acting Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services and City Treasurer Approved for Submission by:  Jim Throop, City Manager
Attachments:

A – Draft Resolution
B – Investment Policy (redline)
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RESOLUTION NO. 22‐XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

ACCEPTING THE CITY INVESTMENT POLICY
WHEREAS, the City has available funds to invest in accordance with principles of sound treasury management; and
WHEREAS, the City invests funds in accordance with provisions of California Government Code Section 53600 et seq.; and
WHEREAS, the City’s Audit Committee reviewed and accepted the attached City Investment Policy on April 25, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino accepts the attached City Investment Policy dated May 17, 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May 2022, by the following vote:

Vote                Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________

Kirsten Squarcia, City Clerk
________________________
Date
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City Investment Policy
Citywide Policy Manual
Attachments: N/A
Effective Date:

May 17, 2022
Responsible Department:

Administrative Services
Related Policies & Notes:

Pension Investment Policy, OPEB Investment Policy
POLICY
Under authority granted by the City Council, the City Treasurer and Deputy Treasurer are responsible for investing the surplus funds of the City.

The investment of the funds of the City of Cupertino is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the California Government Code, Sections 53600 et seq.

The primary objective of the investment policy of the City of Cupertino is SAFETY OF PRINCIPAL. Investments shall be placed in those securities as outlined by type and maturity sector in this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good fiscal management and control. The City’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City of Cupertino the optimum combination of necessary liquidity and optimal yield based on cash flow projections.

SCOPE
The investment policy applies to all financial assets of the City of Cupertino as accounted for in the Annual Comprehensive Financial Report (ACFR). Policy statements outlined in this document focus on the City of Cupertino’s pooled, surplus funds, but will also apply to all other funds under the City Treasurer’s span of control unless specifically exempted by statute or ordinance. This policy is applicable, but not limited to all funds listed below:
 General Fund
 Special Revenue Funds
 Capital Project Funds
 Enterprise Funds
 Internal Service Funds
 Trust and Agency Funds
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 Any new fund unless specifically exempted
Investments of bond proceeds shall be governed by the provisions of the related bond indentures and/or cash flow requirements and therefore may extend beyond the maturity limitations as outlined in this document. Other post-employment benefit (OPEB) and Pension trust investments are governed by California Government Code Sections 53620 through 53622 and trust documents.

The trusts are governed by separate investment policies entitled Investment Policy Statement City of Cupertino Investment Trust that were reviewed by the City of Cupertino Audit Committee on September 27, 2021 and October 25, 2021 and City Council on December 7, 2021.

PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.”
It is the City’s intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized that in a well-diversified investment portfolio, occasional measured losses are inevitable due to economic, bond market, or individual security valuation fluctuations. These occasional losses must be considered within the context of the overall investment program objectives and the resultant long-term rate of return. The City Treasurer and Deputy Treasurer, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

OBJECTIVES
The primary objectives, in order of priority, of the City of Cupertino’s investment activities shall be:
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A. Safety of Principal
Safety of principal is the foremost objective of the City of Cupertino. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns.

B. Liquidity
The City’s investment portfolio will remain sufficiently liquid to meet all operating requirements which might be reasonably anticipated and provide the City with adequate cash flows to pay its obligations over the next six months. Additionally, the portfolio should consist largely of securities with active secondary resale markets.

C. Return
The City’s investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with Cupertino’s investment risk constraints and cash flow characteristics of the portfolio.

MAXIMUM MATURITIES
Maturities of investments will be selected based on liquidity requirements to minimize interest rate risk and maximize earnings. Investment of surplus funds shall comply with the maturity limits as set forth in the California Government Code 53600, et seq. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security that at the time of the investment has a term remaining to maturity in excess of five years, unless the Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the Council no less than three months prior to the investment. Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.

PERFORMANCE EVALUATION
Investment performance is continually monitored and evaluated by the City Treasurer.

Investment performance statistics and activity reports are generated on a quarterly basis for presentation to the oversight (audit) committee, City Manager and City Council. Yield on the City’s investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. The City’s investment portfolio shall be designed to attain a market average rate of return through economic cycles. The Treasurer shall monitor and evaluate the portfolio’s performance relative to the chosen market benchmark(s), which will be included in the Treasurer’s quarterly report. The Treasurer shall select an appropriate, readily available index to use as a market benchmark. Whenever possible, and consistent with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek to augment return above the market average rate of return. The City may select alternative benchmarks for identified pools of City funds that have different objectives.
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DELEGATION OF AUTHORITY
Authority to manage the City’s investment program is derived from California Government Code, Sections 41006 and 53600 et seq. The Treasurer is responsible for investment management decisions and activities per City Council Resolution.

The Treasurer shall designate a staff person as a liaison/deputy in the event circumstances require timely action and the Treasurer is not present.

No officer or designee may engage in an investment transaction except as provided under terms of this policy and the procedures by the Treasurer and approved by the City Manager/Council.

The Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials.

If an investment adviser is retained by the City, the investment adviser, registered under the Investment Advisers Act of 1940, must have at least five years' experience investing in the securities and obligations authorized by California Government Code 53601 subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000). External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.

The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.

OVERSIGHT COMMITTEE
An audit committee consisting of appropriate internal and external members, appointed by the City Council, shall be established to provide general oversight and direction concerning the policies related to management of the City’s investment pool, OPEB trust, and Pension Rate Stabilization Program trust. The City Treasurer shall serve in a staff and advisory capacity. The committee shall meet at least quarterly to review policy changes, new legislation and portfolio status.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to make impartial investment decisions. Additionally the City Treasurer and the Deputy Treasurer are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC).
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SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party custodian acting as agent for the City under the terms of a custody agreement. All trades executed by a dealer will settle delivery versus payment (DVP) through the City’s safekeeping agent. In order to verify investment holdings, an external auditor, on an annual basis, shall independently verify securities held in custody for the City. Additionally, the City Treasurer shall include a listing of holdings provided by the City’s custodian to the quarterly investment report as verification between annual reviews by the external auditor.

The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) money mutual funds, since the purchased securities are not deliverable. All other exceptions to this safekeeping policy must be approved by the City Treasurer in written form and included in the quarterly report to City Council.

INTERNAL CONTROL
Separation of duties between the Treasurer’s function and Finance is designed to provide proper internal controls to prevent the potential for converting assets or concealing transactions. Dual transaction controls, separate and independent notifications, and reports provided by financial institutions shall be used to help implement these controls.

Wire transfers shall be approved prior to being submitted to the financial institution. Wire transfers initiated by Treasury staff must be reconfirmed by the appropriate financial institution to Finance staff. Proper documentation is required for each investment transaction and must include a broker trade confirmation and a cash disbursement wire transfer confirmation. Timely bank reconciliation is conducted to ensure proper handling of all transactions. The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by Finance staff on a monthly basis.

An annual agreed-upon procedures engagement in accordance with the attestation standards established by the American Institute of Certified Public Accountants shall be conducted by an auditor solely to assist management in determining the City’s compliance with this investment policy. At the conclusion of such engagement, the agreed-upon procedures report detailing all procedures performed and findings noted (if applicable) shall be provided to the Audit Committee of the City.

REPORTING
Monthly transaction reports will be submitted by the Treasurer to the City Council within 30 days of the end of the reporting period in accordance with California Government Code Section 53607. 854
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The City Treasurer shall also prepare a quarterly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio. The report will be prepared in a manner that will report all information required under this policy and as recommended by California Government Code. The Treasurer will submit the report to Council no later than the second regular council meeting, or approximately 45 days following the end of the quarter covered by the report.

AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND QUALIFIED

BROKER/DEALERS
To the extent practicable, the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City’s Treasurer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms.

The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes that are selected through a process of due diligence as determined by the City. Due inquiry shall determine whether such authorized broker/dealers, and the individuals covering the City are reputable and trustworthy, knowledgeable and experienced in Public Agency investing and able to meet all of their financial obligations. These institutions may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (uniform net capital rule).

In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
• Primary government dealers as designated by the Federal Reserve Bank and non-primary government dealers.
• Nationally or state-chartered banks.
• The Federal Reserve Bank.
• Direct issuers of securities eligible for purchase.

Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.

All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Treasurer with audited financials and a statement certifying that the institution has reviewed the California Government Code, Section 53600 et seq. and the City’s investment policy. The Treasurer will conduct an annual review of the financial condition and registrations of such qualified bidders.

Public deposits will be made only in qualified public depositories as established by State law.

Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. 855
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Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.

COLLATERAL REQUIREMENTS
CERTIFICATES OF DEPOSIT (CDS). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non-Negotiable Certificate of Deposit. The value of eligible securities as defined pursuant to California Government Code, Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.

COLLATERALIZATION OF BANK DEPOSITS. This is the process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing repayment of deposited funds. The City shall require any bank or financial institution to comply with the collateralization criteria defined in California Government Code, Section 53651.

REPURCHASE AGREEMENTS. The City requires that Repurchase Agreements be collateralized only by securities authorized in accordance with California Government Code:
• The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin. The Market Value of the securities that underlie a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities.
• Financial institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above. • The City shall receive monthly statements of collateral.

AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code Sections 53600 et seq. Within the context of the limitations, the following investments are authorized, subject to the restrictions below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this section apply at the time the security is purchased.

Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
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An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.

1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio that can be invested in this category, although a fiveyear maturity limitation is applicable.

2. Obligations issued by Federal agencies or United States Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or Government-Sponsored Enterprises (GSEs), provided that:
• No more than 25% of the portfolio may be invested in any single Agency/GSE issuer.
• The maximum maturity does not exceed five (5) years.
• The maximum percent of agency callable securities in the portfolio will be 20%.

3. Banker’s Acceptances (bills of exchange or time drafts drawn on and accepted by commercial banks) may not exceed 180 days to maturity or 40% of the portfolio. • They are issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 5% of the portfolio may be invested in any single issuer.

4. Local Agency Investment Fund (LAIF), which is a State of California managed investment pool, may be used up to the maximum permitted by California state law.

LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude the investment in LAIF itself from the City’s list of allowable investments, provided LAIF’s reports allow the Treasurer to adequately judge the risk inherent in LAIF’s portfolio..

5. Commercial paper issued by corporations organized and operating in the United States having assets in excess of $500,000,000, ranked “A-1” or its equivalent or better by at least one Nationally Ranked Statistical Rating Organization (NRSRO), issued by corporations which have long-term obligations rated in a rating category of “A” or its equivalent or better by one NRSRO.

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represent more than 10% of the outstanding paper of the issuing corporation.

Purchases of commercial paper may not exceed 25% of the portfolio. Under a provision sunsetting on January 1, 2026, no more than 40% of the City’s portfolio may be invested in Commercial Paper if the City’s investment assets under management are greater than $100,000,000. No more than 10% of the total investments may be invested the in commercial paper and medium term notes of any single issuer.

6. Negotiable Certificates of Deposits issued by nationally or state-chartered banks, state or federal savings associations, or state or federal credit unions, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of Negotiable Certificates of Deposit may not exceed 30% of the portfolio. No more than 5% of the portfolio may be invested in any single issuer. A maturity limitation of five years is applicable. The amount of the NCD insured up to the FDIC limit does not require any credit ratings. Any amount above the FDIC insured limit must be issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO.

7. Repurchase agreements that specify terms and conditions may be transacted with banks and broker dealers. The maturity of the repurchase agreements shall not exceed one year.

The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff and shall not be allowed to fall below 102% of the value of the repurchase agreement. A PSA Master Repurchase Agreement is required between the City of Cupertino and the broker/dealer or financial institution for all repurchase agreements transacted.

8. Reverse repurchase agreements are not authorized.

9. Certificates of Deposit (time deposits), non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks, savings and loan associations, or credit unions. Within a limit of 30% of the portfolio, these institutions may use a private sector entity to assist in the placement of the time deposits under the conditions specified by the Government Code.

10. Medium Term Corporate Notes issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a maximum maturity of five years may be purchased. Securities eligible for investment shall be rated in the rating category of “A” or better by at least one NRSRO. Purchase of medium term note s may not exceed 30% of the portfolio. No more than 10% of the total investments may be invested in the commercial paper and medium term notes of any single issuer.

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local agency within the State of California, provided that:
• The securities are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
• No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed five (5) years.

12. Municipal securities (Registered Treasury Notes or Bonds) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
• The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”).
• No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed five (5) years.

13. Asset-backed, mortgage-backed, mortgage pass-through securities, and collateralized mortgage obligations, provided that:
• The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
• No more than 20% of the total portfolio may be invested in these securities. • No more than 5% of the portfolio may be invested in any single Asset-Backed or Commercial Mortgage security issuer. There is no issuer limitation on any Mortgage security where the issuer is the US Treasury or a Federal Agency/GSE. • The maximum legal final maturity does not exceed five (5) years.

14. Supranationals, provided that:
• Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
• The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
• No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years.
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15. Various daily money market funds administered for or by trustees, paying agents and custodian banks contracted by the City of Cupertino may be purchased as allowed under State of California Government Code. Only funds holding U.S. Treasury obligations, Government agency obligations, or repurchase agreements collateralized by U.S.

Treasury or Government agency obligations can be utilized and may not exceed 20% of the cost value of the portfolio.

16. Ineligible investments are those that are not described herein, including but not limited to, common stocks and long-term (over five years in maturity) notes and bonds are prohibited from use in this portfolio. It is noted that special circumstances arise that necessitate the purchase of securities beyond the five-year limitation. On such occasions, requests must be approved by City Council prior to purchase. Additionally:
• State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. • In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited.
• Investment in any security that could result in a zero-interest accrual if held to maturity is prohibited. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result zero- or negative-interest accrual if held to maturity are permitted. • Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
• Purchasing or selling securities on margin is prohibited. • The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.
• The purchase of foreign currency denominated securities is prohibited.

RISK MANAGEMENT AND DIVERSIFICATION
Mitigating Credit Risk in the Portfolio
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:

The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. • No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. • The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in 860
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response to market conditions or City’s risk preferences. • If the credit ratings of any security owned by the City are downgraded to a level below the quality required by this investment policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
• If a security is downgraded, the Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.
• If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.

Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.

The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
• The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements.
• The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy. • The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.

DEPOSITS
To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisorial agency of its record of meeting the credit needs of California’s communities. 861
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INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall be allocated monthly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio.

REVIEW OF INVESTMENT PORTFOLIO
The Treasurer shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council.

POLICY REVIEW
The City of Cupertino’s investment policy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. 862
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GLOSSARY OF INVESTMENT TERMS
AGENCIES. Shorthand market terminology for any obligation issued by a governmentsponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.

FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass-through securities.

FNMA. Like FHLB and Freddie Mac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “Fannie Mae,” issues discount notes, bonds and mortgage pass-through securities.

GNMA. The Government National Mortgage Association, known as “Ginnie Mae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.

ASKED. The price at which a seller offers to sell a security.

ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

AVERAGE LIFE. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

BID. The price at which a buyer offers to buy a security. 863
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BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.

CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.

CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS). A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

COMMERCIAL PAPER. The short-term unsecured debt of corporations.

COST YIELD. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.

COUPON. The rate of return at which interest is paid on a bond.

CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

CURRENT YIELD. The annual income from an investment divided by the current market value.

Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.

DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

DEBENTURE. A bond secured only by the general credit of the issuer. 864
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DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

DERIVATIVE. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.

DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).

FEDERAL FUNDS RATE. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.

FEDERAL OPEN MARKET COMMITTEE. A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.

LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

LIQUIDITY. The speed and ease with which an asset can be converted to cash.

LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.

LOCAL GOVERNMENT INVESTMENT POOL. Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.

MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a 865
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lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.

MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

MARKET VALUE. The price at which a security can be traded.

MARKING TO MARKET. The process of posting current market values for securities in a portfolio.

MATURITY. The final date upon which the principal of a security becomes due and payable.

MEDIUM TERM NOTES. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

MODIFIED DURATION. The percent change in price for a 100 basis point change in yields.

Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

MONEY MARKET. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.

MORTGAGE PASS-THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.

MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO).

A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody's. 866
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NEGOTIABLE CD. A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

PREMIUM. The difference between the par value of a bond and the cost of the bond, when the cost is above par.

PREPAYMENT SPEED. A measure of how quickly principal is repaid to investors in mortgage securities.

PREPAYMENT WINDOW. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.

PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.

Government securities market.

PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REALIZED YIELD. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.

REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.

REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.

STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
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SUPRANATIONAL. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.

TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually.

TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

VOLATILITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.

YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.

City Manager’s signature: _______________________________ Date: _______________________________
Director of Administrative Services’ signature: _______________________________ Date: _______________________________
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Revisions:
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City Investment Policy
Citywide Policy Manual
Attachments: N/A
Effective Date:

May 17, 2022May 18, 2021
Responsible Department:

Administrative Services
Related Policies & Notes:

Pension Investment Policy, OPEB Investment Policy
POLICY
Under authority granted by the City Council, the City Treasurer and Deputy Treasurer are responsible for investing the surplus funds of the City.

The investment of the funds of the City of Cupertino is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the California Government Code, Sections 53600 et seq.

The primary objective of the investment policy of the City of Cupertino is SAFETY OF PRINCIPAL. Investments shall be placed in those securities as outlined by type and maturity sector in this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good fiscal management and control. The City’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City of Cupertino the optimum combination of necessary liquidity and optimal yield based on cash flow projections.

SCOPE
The investment policy applies to all financial assets of the City of Cupertino as accounted for in the Annual Comprehensive Annual Financial Report (ACAFR). Policy statements outlined in this document focus on the City of Cupertino’s pooled, surplus funds, but will also apply to all other funds under the City Treasurer’s span of control unless specifically exempted by statute or ordinance. This policy is applicable, but not limited to all funds listed below:
 General Fund
 Special Revenue Funds
 Capital Project Funds
 Enterprise Funds
 Internal Service Funds
 Trust and Agency Funds
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 Any new fund unless specifically exempted
Investments of bond proceeds shall be governed by the provisions of the related bond indentures and/or cash flow requirements and therefore may extend beyond the maturity limitations as outlined in this document. Other post‐employment benefit (OPEB) and Pension trust investments are governed by California Government Code Sections 53620 through 53622 and trust documents.

The trusts are governed by separate investment policies entitled Investment Policy Statement City of Cupertino Investment Trust that were reviewed by the City of Cupertino Audit Committee on September 27, 2021 and October 25, 2021 and City Council on December 7, 2021October 27, 2020 and November 17, 2020, respectively.

PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard.

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.”
It is the City’s intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized that in a well‐diversified investment portfolio, occasional measured losses are inevitable due to economic, bond market, or individual security valuation fluctuations. These occasional losses must be considered within the context of the overall investment program objectives and the resultant long‐term rate of return. The City Treasurer and Deputy Treasurer, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

OBJECTIVES
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The primary objectives, in order of priority, of the City of Cupertino’s investment activities shall be:
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A. Safety of Principal
Safety of principal is the foremost objective of the City of Cupertino. Investments will be undertaken in a mannerthat seeks to ensure the preservation of capital in the overall portfolio.

To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns.

B. Liquidity
The City’s investment portfolio will remain sufficiently liquid to meet all operating requirements which might be reasonably anticipated and provide the City with adequate cash flows to pay its obligations overthe next six months. Additionally, the portfolio should consist largely of securities with active secondary resale markets.

C. Return
The City’s investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with Cupertino’s investment risk constraints and cash flow characteristics of the portfolio.

MAXIMUM MATURITIES
Maturities of investments will be selected based on liquidity requirements to minimize interest rate risk and maximize earnings. Investment of surplus funds shall comply with the maturity limits as set forth in the California Government Code 53600, et seq. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security that at the time of the investment has a term remaining to maturity in excess of five years, unless the Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the Council no less than three months prior to the investment. Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.

PERFORMANCE EVALUATION
Investment performance is continually monitored and evaluated by the City Treasurer.

Investment performance statistics and activity reports are generated on a quarterly basis for presentation to the oversight (audit) committee, City Manager and City Council. Yield on the City’s investment portfolio is of secondary importance compared to the safety and liquidity objectives described above. The City’s investment portfolio shall be designed to attain a market average rate of return through economic cycles. The Treasurer shall monitor and evaluate the portfolio’s performance relative to the chosen market benchmark(s), which will be included in the Treasurer’s quarterly report. The Treasurer shall select an appropriate, readily available index to use as a market benchmark.  Whenever possible, and consistent with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek to augment return above the market average rate of return. The City may select alternative benchmarks for identified pools of City funds that have different objectives.

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DELEGATION OF AUTHORITY
Authority to manage the City’s investment program is derived from California Government Code, Sections 41006 and 53600 et seq. The Treasurer is responsible for investment management decisions and activities per City Council Resolution.

The Treasurer shall designate a staff person as a liaison/deputy in the event circumstances require timely action and the Treasurer is not present.

No officer or designee may engage in an investment transaction except as provided under terms of this policy and the procedures by the Treasurer and approved by the City Manager/Council.

The Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials.

If an investment adviser is retained by the City, the investment adviser, registered under the Investment Advisers Act of 1940, must have at least five yearsʹ  experience investing in the securities and obligations authorized by California Government Code 53601 subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000). External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.

The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.

OVERSIGHT COMMITTEE
An audit committee consisting of appropriate internal and external members, appointed by the City Council, shall be established to provide general oversight and direction concerning the policies related to management of the City’s investment pool, OPEB trust, and Pension Rate Stabilization Program trust. The City Treasurer shall serve in a staff and advisory capacity. The committee shall meet at least quarterly to review policy changes, new legislation and portfolio status.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to make impartial investment decisions. Additionally the City Treasurer and the Deputy Treasurer are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC).

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SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party custodian acting as agent for the City under the terms of a custody agreement. All trades executed by a dealer will settle delivery versus payment (DVP) through the City’s safekeeping agent. In order to verify investment holdings, an external auditor, on an annual basis, shall independently verify securities held in custody for the City. Additionally, the City Treasurer shall include a listing of holdings provided by the City’s custodian to the quarterly investment report as verification between annual reviews by the external auditor.

The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) money mutual funds, since the purchased securities are not deliverable. All other exceptions to this safekeeping policy must be approved by the City Treasurer in written form and included in the quarterly report to City Council.

INTERNAL CONTROL
Separation of duties between the Treasurer’s function and Finance is designed to provide proper internal controls to prevent the potential for converting assets or concealing transactions. Dual transaction controls, separate and independent notifications, and reports provided by financial institutions shall be used to help implement these controls.

Wire transfers shall be approved prior to being submitted to the financial institution. Wire transfers initiated by Treasury staff must be reconfirmed by the appropriate financial institution to Finance staff. Proper documentation is required for each investment transaction and must include a broker trade confirmation and a cash disbursement wire transfer confirmation. Timely bank reconciliation is conducted to ensure proper handling of all transactions. The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by Finance staff on a monthly basis.

An annual agreed‐upon procedures engagement in accordance with the attestation standards established by the American Institute of Certified Public Accountants shall be conducted by an auditor solely to assist management in determining the City’s compliance with this investment policy. At the conclusion of such engagement, the agreed‐upon procedures report detailing all procedures performed and findings noted (if applicable) shall be provided to the Audit Committee of the City.

REPORTING
Monthly transaction reports will be submitted by the Treasurer to the City Council within 30 days of the end of the reporting period in accordance with California Government Code Section 53607. 875
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The City Treasurer shall also prepare a quarterly investment report, including a succinct management summary that provides a clear picture of the status of the current investment portfolio. The report will be prepared in a manner that will report all information required under this policy and as recommended by California Government Code. The Treasurer will submit the report to Council no later than the second regular council meeting, or approximately 45 days following the end of the quarter covered by the report.

AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND QUALIFIED

BROKER/DEALERS
To the extent practicable, the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. The City’s Treasurer will determine which financial institutions are authorized to provide investment services to the City. It shall be the City’s policy to purchase securities only from authorized institutions and firms.

The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes that are selected through a process of due diligence as determined by the City. Due inquiry shall determine whether such authorized broker/dealers, and the individuals covering the City are reputable and trustworthy, knowledgeable and experienced in Public Agency investing and able to meet all of their financial obligations. These institutions may include ʺprimaryʺ dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15c3‐1 (uniform net capital rule).

In accordance with Section 53601.5, institutions eligible to transact investment business with the City include:
 Primary government dealers as designated by the Federal Reserve Bank and non‐primary government dealers.
 Nationally or state‐chartered banks.
 The Federal Reserve Bank.
 Direct issuers of securities eligible for purchase.

Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the City may rely on the adviser for selection.

All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Treasurer with audited financials and a statement certifying that the institution has reviewed the California Government Code, Section 53600 et seq. and the City’s investment policy. The Treasurer will conduct an annual review of the financial condition and registrations of such qualified bidders.

Public deposits will be made only in qualified public depositories as established by State law.

Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. 876
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Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the adviser. Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.

COLLATERAL REQUIREMENTS
CERTIFICATES OF DEPOSIT (CDS). The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a Non‐Negotiable Certificate of Deposit. The value of eligible securities as defined pursuant to California Government Code, Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.

COLLATERALIZATION OF BANK DEPOSITS. This is the process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing repayment of deposited funds.  The City shall require any bank or financial institution to comply with the collateralization criteria defined in California Government Code, Section 53651.

REPURCHASE AGREEMENTS. The City requires that Repurchase Agreements be collateralized only by securities authorized in accordance with California Government Code:
 The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin. The Market Value of the securities that underlie a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities.
 Financial institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above.  The City shall receive monthly statements of collateral.

AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code Sections 53600 et seq. Within the context of the limitations, the following investments are authorized, subject to the restrictions below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this section apply at the time the security is purchased.

Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
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An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers.

1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio that can be invested in this category, although a five‐ year maturity limitation is applicable.

2. Obligations issued by Federal agencies or United States Government‐Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government‐sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in Federal Agency or Government‐Sponsored Enterprises (GSEs), provided that:
 No more than 25% of the portfolio may be invested in any single Agency/GSE issuer.
 The maximum maturity does not exceed five (5) years.
 The maximum percent of agency callable securities in the portfolio will be 20%.

3. Banker’s Acceptances (bills of exchange or time drafts drawn on and accepted by commercial banks) may not exceed 180 days to maturity or 40% of the portfolio.  They are issued by institutions which have short‐term debt obligations rated “A‐1” or its equivalent or better by at least one NRSRO; or long‐term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
 No more than 5% of the portfolio may be invested in any single issuer.

4. Local Agency Investment Fund (LAIF), which is a State of California managed investment pool, may be used up to the maximum permitted by California state law.

LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude the investment in LAIF itself from the City’s list of allowable investments, provided LAIF’s reports allow the Treasurerto adequately judge the risk inherent in LAIF’s portfolio..

5. Commercial paper issued by corporations organized and operating in the United States having assets in excess of $500,000,000, ranked “A‐1” or its equivalent or better by at least one Nationally Ranked Statistical Rating Organization (NRSRO), issued by corporations which have long‐term obligations rated in a rating category of “A” or its equivalent or better by one NRSRO.

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represent more than 10% of the outstanding paper of the issuing corporation.

Purchases of commercial paper may not exceed 25% of the portfolio.   Under a provision sunsetting on January 1, 2026, no more than 40% of the City’s portfolio may be invested in Commercial Paper if the City’s investment assets under management are greater than $100,000,000. No more than 10% of the total investments may be invested the in commercial paper and medium term notes of any single issuer.

6. Negotiable Certificates of Deposits issued by nationally or state‐chartered banks, state or federal savings associations, or state or federal credit unions, or by a federally licensed or state‐licensed branch of a foreign bank. Purchases of Negotiable Certificates of Deposit may not exceed 30% of the portfolio. No more than 5% of the portfolio may be invested in any single issuer. A maturity limitation of five years is applicable. The amount of the NCD insured up to the FDIC limit does not require any credit ratings. Any amount above the FDIC insured limit must be issued by institutions which have short‐term debt obligations rated “A‐1” or its equivalent or better by at least one NRSRO; or long‐term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO.

7. Repurchase agreements that specify terms and conditions may be transacted with banks and broker dealers. The maturity of the repurchase agreements shall not exceed one year.

The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff and shall not be allowed to fall below 102% of the value of the repurchase agreement. A PSA Master Repurchase Agreement is required between the City of Cupertino and the broker/dealer or financial institution for all repurchase agreements transacted.

8. Reverse repurchase agreements are not authorized.

9. Certificates of Deposit (time deposits), non‐negotiable and collateralized in accordance with the California Government Code, may be purchased through banks, savings and loan associations, or credit unions. Within a limit of 30% of the portfolio, these institutions may use a private sector entity to assist in the placement of the time deposits under the conditions specified by the Government Code.

10. Medium Term Corporate Notes issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a maximum maturity of five years may be purchased. Securities eligible for investment shall be rated in the rating category of “A” or better by at least one NRSRO. Purchase of medium term note s may not exceed 30% of the portfolio. No more than 10% of the total investments may be invested in the commercial paper and medium term notes of any single issuer.

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local agency within the State of California, provided that:
 The securities are rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
 No more than 5% of the portfolio may be invested in any single issuer.  No more than 30% of the portfolio may be in Municipal Securities.  The maximum maturity does not exceed five (5) years.

12. Municipal securities (Registered Treasury Notes or Bonds) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue‐producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
 The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”).
 No more than 5% of the portfolio may be invested in any single issuer.  No more than 30% of the portfolio may be in Municipal Securities.  The maximum maturity does not exceed five (5) years.

13. Asset‐backed, mortgage‐backed, mortgage pass‐through securities, and collateralized mortgage obligations, provided that:
 The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
 No more than 20% of the total portfolio may be invested in these securities.  No more than 5% of the portfolio may be invested in any single Asset‐Backed or Commercial Mortgage security issuer. There is no issuer limitation on any Mortgage security where the issuer is the US Treasury or a Federal Agency/GSE.  The maximum legal final maturity does not exceed five (5) years.

14. Supranationals, provided that:
 Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter‐American Development Bank.
 The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
 No more than 30% of the total portfolio may be invested in these securities.  No more than 10% of the portfolio may be invested in any single issuer.  The maximum maturity does not exceed five (5) years.
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15. Various daily money market funds administered for or by trustees, paying agents and custodian banks contracted by the City of Cupertino may be purchased as allowed under State of California Government Code. Only funds holding U.S. Treasury obligations, Government agency obligations, or repurchase agreements collateralized by U.S.

Treasury or Government agency obligations can be utilized and may not exceed 20% of the cost value of the portfolio.

16. Ineligible investments are those that are not described herein, including but not limited to, common stocks and long‐term (over five years in maturity) notes and bonds are prohibited from use in this portfolio. It is noted that special circumstances arise that necessitate the purchase of securities beyond the five‐year limitation. On such occasions, requests must be approved by City Council prior to purchase. Additionally:
 State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.  In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest‐only strips is prohibited.
 Investment in any security that could result in a zero‐interest accrual if held to maturity is prohibited. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result zero‐  or negative‐interest accrual if held to maturity are permitted.  Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
 Purchasing or selling securities on margin is prohibited.  The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.
 The purchase of foreign currency denominated securities is prohibited.

RISK MANAGEMENT AND DIVERSIFICATION
Mitigating Credit Risk in the Portfolio
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:

The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio.  No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy.  The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in 881
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response to market conditions or City’s risk preferences.  If the credit ratings of any security owned by the City are downgraded to a level below the quality required by this investment policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
 If a security is downgraded, the Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.
 If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.

Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer‐term portfolios have the potential to achieve higher returns. On the other hand, longer‐term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short‐term cash needs, and by making longer‐term investments only with funds that are not needed for current cash flow purposes.

The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
 The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements.
 The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy.  The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.

DEPOSITS
To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisorial agency of its record of meeting the credit needs of California’s communities. 882
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INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall be allocated monthly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio.

REVIEW OF INVESTMENT PORTFOLIO
The Treasurer shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council.

POLICY REVIEW
The City of Cupertino’s investment policy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends.

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GLOSSARY OF INVESTMENT TERMS
AGENCIES. Shorthand market terminology for any obligation issued by a government‐ sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.

FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “FreddieMac” issues discount notes, bonds and mortgage pass‐through securities.

FNMA. Like FHLB and Freddie Mac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “Fannie Mae,” issues discount notes, bonds and mortgage pass‐through securities.

GNMA. The Government National Mortgage Association, known as “Ginnie Mae,” issues mortgage pass‐through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.

ASKED. The price at which a seller offers to sell a security.

ASSET BACKED SECURITIES. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

AVERAGE LIFE. In mortgage‐related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

BANKER’S ACCEPTANCE. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

BENCHMARK. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

BID. The price at which a buyer offers to buy a security. 884
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BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

CALLABLE. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.

CERTIFICATE OF DEPOSIT (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.

CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM (CDARS).  A private placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insurance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California institution and other participating institutions in amounts that are less than $250,000 each, so that FDIC coverage is maintained.

COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

COLLATERALIZED MORTGAGE OBLIGATIONS (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

COMMERCIAL PAPER. The short‐term unsecured debt of corporations.

COST YIELD. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.

COUPON. The rate of return at which interest is paid on a bond.

CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

CURRENT YIELD. The annual income from an investment divided by the current market value.

Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.

DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

DEBENTURE. A bond secured only by the general credit of the issuer. 885
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DELIVERY VS. PAYMENT (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

DERIVATIVE. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.

DISCOUNT. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short‐term securities, such as T‐bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

DIVERSIFICATION. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).

FEDERAL FUNDS RATE. The rate of interest charged by banks for short‐term loans to other banks. The Federal Reserve Bank through open‐market operations establishes it.

FEDERAL OPEN MARKET COMMITTEE. A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.

LEVERAGE. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

LIQUIDITY. The speed and ease with which an asset can be converted to cash.

LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non‐profit organizations in California that is managed by the State Treasurer’s Office.

LOCAL GOVERNMENT INVESTMENT POOL.   Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.

MAKE WHOLE CALL. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a 886
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lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investoris compensated, or ʺmade whole.ʺ MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral.

MARKET RISK. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

MARKET VALUE. The price at which a security can be traded.

MARKING TO MARKET. The process of posting current market values for securities in a portfolio.

MATURITY. The final date upon which the principal of a security becomes due and payable.

MEDIUM TERM NOTES. Unsecured, investment‐grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

MODIFIED DURATION. The percent change in price for a 100 basis point change in yields.

Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

MONEY MARKET. The market in which short‐term debt instruments (T‐bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.

MORTGAGE PASS‐THROUGH SECURITIES. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

MUNICIPAL SECURITIES. Securities issued by state and local agencies to finance capital and operating expenses.

MUTUAL FUND. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO).

A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investmentʹs risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moodyʹs. 887
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NEGOTIABLE CD.  A short‐term debt instrument that pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state‐licensed branch of a foreign bank.  Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor).

PREMIUM. The difference between the par value of a bond and the cost of the bond, when the cost is above par.

PREPAYMENT SPEED. A measure of how quickly principal is repaid to investors in mortgage securities.

PREPAYMENT WINDOW. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.

PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.

Government securities market.

PRUDENT PERSON (PRUDENT INVESTOR) RULE. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” REALIZED YIELD. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.

REGIONAL DEALER. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.

REPURCHASE AGREEMENT. Short‐term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer’s name.

STRUCTURED NOTE. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and ʺdual index floaters,ʺ which pay interest based on the relationship between two other interest rates  ‐ for example, the yield on the ten‐year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
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SUPRANATIONAL.  A Supranational is a multi‐national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

TOTAL RATE OF RETURN. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

U.S. TREASURY OBLIGATIONS. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three‐ and six‐month T‐bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.

TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi‐annually.

TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi‐annually.

VOLATILITY. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.

YIELD TO MATURITY. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.

City Manager’s signature: _______________________________ Date: _______________________________
Director of Administrative Services’ signature: _______________________________ Date: _______________________________
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Revisions:

Revisions:

City Manager’s signature: _______________________________ Date: _______________________________
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CITY OF CUPERTINO
Agenda Item
22-10936 Agenda Date: 5/17/2022
Agenda #: 30.

Subject: Consider accepting the Third Quarter Financial Report for Fiscal Year 2021-22; consider adopting a resolution approving Budget Modification #2122-198 increasing appropriations by $529,935 and revenues by $9,448,487.

1. Accept the City Manager's Third Quarter Financial Report for FY 2021-22.

2. Adopt Resolution 22-059 approving Budget Modification #2122-198 increasing appropriations by $529,935 and revenues by $9,448,487. /// Recommended Postponement: Postponement to May 19, 2022 meeting
CITY OF CUPERTINO Page 1 of 1 Printed on 5/12/2022
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CITY COUNCIL STAFF REPORT
Meeting: May 17, 2022
Subject
Consider accepting the Third Quarter Financial Report for Fiscal Year 2021‐22; consider adopting Resolution 22‐XXX approving Budget Modification #2122‐198 increasing appropriations by $529,935 and revenues by $9,448,487.

Recommended Action

1. Accept the City Managerʹs Third Quarter Financial Report for FY 2021‐22.

2. Adopt Resolution 22‐XXX approving Budget Modification #2122‐198 increasing appropriations by $529,935 and revenues by $9,448,487.

Background
On June 15, 2021, the City Council adopted the Fiscal Year (FY) 2021‐22 Budget, a $148,845,235 spending plan funded by $132,850,958 of revenues and $15,994,277 of fund balance. On November 16, 2021, Council received the City Managerʹs First Quarter Financial Report, which revised the budget to account for encumbrances of $16,868,361 and carryover appropriations of $53,863,626 from FY 2021‐22. The carryover appropriations included $18.5 million for capital projects, $19 million for Vallco Town Center (renamed The Rise), and $5.9 million for Transportation projects. Encumbrances represent funds for obligations related to unfilled purchase orders or unfilled contracts rolled over from one year to the next until those obligations are fulfilled or terminated.

Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to complete those projects.

In the first three quarters of FY 2021‐22, Council approved $19.0 million in additional appropriations, mostly related to the American Rescue Plan Act of 2021 ($4.9 million), I‐ 280 Trail ($1.9 million), First Quarter Adjustments ($1.6 million), and Mid‐Year Adjustments ($10.0 million).

With carryovers, encumbrances, and Council‐approved adjustments, the amended budget is $238,620,305. The FY 2021‐22 budget adjustments are summarized in the following table:
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2 Third Quarter Financial Report Summary of Budget Adjustments by Fund Discussion
The Third Quarter Financial Report focuses on the Cityʹs budget as of March 31, 2022. It recommends adjustments to ensure the budget reflects the Cityʹs current revenue outlook and is responsive to changing spending priorities.

The chart below shows that $529,935 in additional appropriations are requested, offset by $9,448,487 in additional revenue. If approved, the Cityʹs new spending plan would total $239,150,240 for all funds.

Third Quarter Financial Report Summary by Fund
Approval of these requests would increase the projected ending fund balance for all funds by $8,918,552, as summarized in the table below:

Third Quarter Requests by Department

Fund
FY 2021‐22
Adopted Budget Carryovers Encumbrances
Adjustments
Approved in
1st‐3rd Quarter
FY 2021‐22
Amended Budget
as of March 31, 2021
General $        89,767,034 $           22,657,533 $          4,906,141 $              17,138,606 $                 134,469,314 Special Revenue           18,597,024                          11,749,252 2,414,116                   1,122,681                      33,883,073 Debt Service              ‐ 2,676,000                                                        ‐  ‐                                                          2,676,000 Capital Projects           19,540,048                          18,540,682 9,149,571                        88,301                      47,318,602 Enterprise             9,417,117                                  855,369 189,833                      477,450                      10,939,769 Internal Service             8,848,012                                    60,790 208,700                      216,045                        9,333,547 Total All Funds 148, $       845,235 $        53,863,626 $        16,868,361 $              19,043,083 $                 238,620,305 Fund
FY 2021‐22
Amended Budget
as of March 31, 2021
Requested
3rd Quarter
Adjustments
FY 2021‐22
Year‐End
Projection
General $                    134,469,314 $                  327,600 $           134,796,914 Special Revenue                         33,883,073                                                   ‐ 33,883,073 Debt Service                           2,676,000                                                     ‐ 2,676,000 Capital Projects                         47,318,602                                       130,235 47,448,837 Enterprise                         10,939,769                                         72,100 11,011,869 Internal Service                           9,333,547                                                     ‐ 9,333,547 Total All Funds $                    238,620,305 $                  529,935 $           239,150,240 Department Expense Revenue Change in
Fund Balance
Community Development $         200,642 $         261,815 $              61,173 CIP            130,235            130,235                          ‐ Parks and Recreation              72,100                       ‐               (72,100) Public Works              (3,277)                       ‐                  3,277 Non‐Departmental            130,235         9,056,437            8,926,202 Total All Departments $         529,935 $      9,448,487 $         8,918,552 893
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3 General Fund Update
4‐Year Comparison of Revenues, Expenditures, and Changes to Fund Balance The General Fundʹs historical revenue, expenditures, and fund balance demonstrate that amended expenditures have exceeded revenues, leading to the use of fund balance.

However, it was not due to a structural deficit but due to the transfer out of excess fund balance from the General Fund to the Capital Reserve per the Cityʹs use of one‐time funds policy. Due to the Cityʹs encumbrance and budget carryover process, fund balance increased as part of year‐end actuals.

Revenue
As of Third Quarter, General Fund revenue is $83.4 million, an increase of $10.4 million (or 14%) from last year due to a one‐time transfer related to the American Rescue Plan Act. Additionally, transient occupancy tax revenue is $1.0 million, or 81%, higher than last year as travel rebounds due to the relaxation of pandemic‐based restrictions. 894
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4 Comparison of FY 2020‐21 and FY 2021‐22 General Fund Third Quarter Revenues Sales Tax received as of the third quarter was $0.2 million (or 1%) higher than last year due to increases in Business and Industry, Restaurants and Hotels, General Consumer Goods, and Fuel and Service Stations, offset by a decrease in the county pool allocation.

HdL, the Cityʹs sales tax consultant, recently reported sales tax performance from October 2021 to December 2021. Business and Industry increased from last year. As the economy reopened, Restaurants and Hotels, General Consumer Goods, Fuel and Service Stations, and Autos and Transportation were up 68%, 22%, 78%, and 9%, respectively. The increases were offset by a decrease in the county pool allocation.

The Cityʹs gross sales tax receipts for October 2021 to December 2021 increased from last year. The holiday shopping season saw increased online and in‐person shopping. Family apparel and specialty store sales boosted general consumer goods results. With capacity restrictions fading away, restaurant‐hotel receipts jumped 68% as people enjoyed dining experiences outside the home. The return to the office also added to the surge in casual and fast‐casual receipts. Similarly, service station revenues skyrocketed as high gas prices and increased travel propelled receipts up. Conversely, the Cityʹs share of the county pool allocation declined, driven by taxpayer reporting changes and a shift as other agencies in the county realized larger quarterly growth. Nonetheless, e‐commerce and the countywide pool remain a reliable source of revenue.

As prior pandemic‐based restrictions are relaxed, the Cityʹs major industry groups are returning to normalcy. As of March 31, 2022, the Cityʹs sales tax revenues were approximately 119% of the budget estimate. Staff recommends a $9,056,437 increase in the Cityʹs sales tax estimate to align with year‐end projections. 3rd Quarter 3rd Quarter
2021 2022
05 ‐ Sales tax 33,009,456 $              $             33,222,420 $                  212,964 1% 10 ‐ Property tax 17,078,696                                17,987,045                     908,349 5% 15 ‐ Transient occupancy                  1,257,976                  2,276,564                  1,018,587 81% 20 ‐ Utility tax                  2,053,658                  2,135,032                       81,374 4% 25 ‐ Franchise fees                  1,486,102                  1,521,067                       34,965 2% 30 ‐ Other taxes                  2,156,548                  1,482,448                    (674,100) ‐31% 35 ‐ Licenses and permits                  3,099,012                  3,096,601                        (2,411) 0% 40 ‐ Use of money and property                  1,427,530                  1,710,744                    283,214 20% 45 ‐ Intergovernmental revenue                  1,139,709                  3,594,821                  2,455,112 215% 50 ‐ Charges for services                  8,207,298                  9,786,625                  1,579,328 19% 55 ‐ Fines and forfeitures                       83,408                     193,836                     110,428 132% 60 ‐ Miscellaneous                  1,167,244                  1,491,835                     324,591 28% 65 ‐ Transfers in                     507,831                  4,862,387                  4,354,556 857% 70 ‐ Other financing sources                     391,475                       77,537                    (313,938) ‐80% Grand Total $             73,065,944 $             83,438,962 $             10,373,018 14% Revenue Category Variance % Change
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5 While sales tax was anticipated to decrease during the pandemic, it increased significantly due to positive impacts from online sales. The City continues to closely monitor the situation as it is believed to be a one‐time increase due to the pandemic. In addition, the California Department of Tax and Fee Administration (CDTFA) is currently auditing the Cityʹs sales tax revenues. The impact of this audit is unknown, but it has the potential to have a significant effect on the Cityʹs sales tax revenues.

Property Tax revenue is $0.9 million (or 5%) higher than last year. The largest category, Residential properties, increased by $829.9 million (or 5%). Commercial properties increased $572.8 million (or 7.6%). Unsecured assets in Cupertino decreased by $699.7 million (or 28.9%). Overall, the FY 2021‐22 property tax revenues are anticipated to increase by 3.7% from the previous fiscal year. The County Assessorʹs Office will apply a 2% inflator to the 2022‐23 roll. The impact of telecommuting on property values is still uncertain. Despite the uncertainty, the Cityʹs property tax base remains strong, and HdL is currently projecting property taxes over the next five years, as presented below:

FY 2022‐23 FY 2023‐24 FY 2024‐25 FY 2025‐26 FY 2026‐27
$29,628,266 $30,898,414 $32,223,572 $33,616,619 $35,072,745 Transient Occupancy Tax continued to be affected by the pandemic. While the City anticipates moderate recovery as the economy reopens, much of the transient occupancy taxʹs recovery will be driven by whether business travel resumes. Staff estimates a recovery to 75% of pre‐pandemic levels in FY 2023‐24. As of the third quarter, the City recognized $2.3 million in transient occupancy tax, a $1.0 million (or 81%) increase from last year.

Utility Tax is up approximately $81,000 (or 4%), mainly due to increases in utility tax revenue from PG&E.

Other Taxes decreased by approximately $0.7 million (or 31%) primarily due to a decrease in construction tax, partially offset by an increase in property transfer tax.

Franchise Fees increased by $35,000 (or 2%) primarily due to Recology franchise fees.

Licenses and Permits are relatively unchanged from the last fiscal year.

Use of Money and Property increased by $0.3 million (or 20%) due to rental revenues from City properties and antenna sites.

Intergovernmental Revenue increased by $2.5 million (or 215%) due to American Rescue Plan Act (ARPA) funding. The increase was partially offset by Coronavirus Relief Funds received last year.
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6 Charges for Services increased by $1.6 million (or 19%), driven mainly by increases in Cost Allocation Plan revenues and revenues from the library to reimburse the City for library operational maintenance costs.

Fines and Forfeitures decreased by $0.1 million (or 132%) primarily due to increased parking fines as pandemic restrictions were relaxed.

Miscellaneous revenue increased by $0.3 million (or 28%) due to receipt of restitution from former City employee Jennifer Chang as a result of her criminal conviction. Decreases in miscellaneous development revenues partially offset the increase due to the restitution.

Transfers In increased by $4.4 million (or 857%) due to transfers to allocate American Rescue Plan Act funding to departments.

Other Financing Sources decreased by $0.3 million (or 80%) due to a decrease in refundable deposit administrative fees received by the Community Development Department.

Expenditures
As of Third Quarter, General Fund expenditures are $77.9 million, an increase of $15.0 million (or 24%) compared to last year. Transfers increased due to transfers to allocate American Rescue Plan Act funding to departments and transfers to the Capital Reserve.

The following table shows the differences between General Fund expenditures as of the third quarter in the current and prior fiscal years:

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7 Comparison of FY 2020‐21 and FY 2021‐22 General Fund Third Quarter Expenditures Salary and Benefits are increasing by approximately $1.2 million (or 6%). Compensation increases are due primarily to cost‐of‐living adjustments (COLAs) approved by Council on July 16, 2019, the transfer of the City Attorneyʹs Office in‐house, and additional part‐ time staff for Outdoor Recreation. The most recent COLAs were effective July 2021. As the Cityʹs current labor agreements expire on June 30, 2022, the City is currently negotiating labor agreements. Transferring the City Attorneyʹs Office in‐house shifted the costs from Contract Services to Compensation and Benefits. Benefit increases were primarily due to increases in retirement, health, and workersʹ compensation costs. As part of the budget reduction strategies in FY 2020‐21, savings through attrition of approximately $0.8 million are anticipated, and current year‐end projections are aligned.

Materials costs are up approximately $0.5 million (or 17%). Materials costs are higher due to software, electricity, general supplies, and conference and training increases. Last year, Materials costs were lower due to budget reduction strategies. Many delayed projects due to budget reduction strategies resumed in FY 2021‐22. Conference and training expenses increased as travel restrictions ended. Electricity costs increased due to higher rates.

Contract Services have increased by approximately $0.3 million (or 2%). Contract Services costs are higher due to increased law enforcement costs per the Santa Clara County Sheriffʹs Office contract, increased insurance costs for Workersʹ  Compensation and general liability insurance, and crossing guard services for Safe Routes 2 School. Crossing guard services, which were suspended due to COVID‐19, resumed in August 2021 as schools reopened. Transferring the City Attorneyʹs Office in‐house shifted the costs from Contract Services to Compensation and Benefits.

Cost Allocation increases are approximately $1.1 million (or 14%) primarily due to higher Innovation & Technology and Human Resources costs.

Capital Outlay costs are decreasing by approximately $0.1 million (or 81%). Last year, the City made a $0.1 million deposit for the 10455 Torre Avenue property acquisition. 3rd Quarter 3rd Quarter
2021 2022
05 ‐ Employee compensation 14,025,160 $              $             14,648,204 $                  623,045 4% 10 ‐ Employee benefits 6,400,137                                    6,939,529                     539,392 8% 15 ‐ Materials                  2,670,336                  3,127,620                     457,285 17% 20 ‐ Contract services                15,384,032                15,723,904                     339,872 2% 25 ‐ Cost allocation                  7,855,155                  8,961,047                  1,105,892 14% 30 ‐ Capital outlays                     171,322                       32,700                    (138,622) ‐81% 31 ‐ Special projects                     988,806                  1,842,843                     854,037 86% 45 ‐ Transfer out                15,148,689                26,099,371                10,950,682 72% 50 ‐ Other financing uses                     205,633                     477,138                     271,505 132% Grand Total $             62,849,562 $             77,854,996 $             15,005,433 24% Expenditure Category Variance % Change
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8 Special Projects increases are approximately $0.9 million (or 86%) due to increased one‐ time expenditures. Spending on Special Projects varies from year to year. Last year, Special Projects costs were lower due to budget reduction strategies.

Transfers Out are increasing by approximately $11.0 million (or 72%) due to transfers to allocate American Rescue Plan Act funding to departments and a mid‐year transfer to the Capital Reserve.

Other Financing Uses have increased by $0.3 million (or 132%) due to refundable deposit on‐call contracts and special contracts for the Community Development Department.

All Other Funds Update and Year‐End Projections
Revenue
As of Third Quarter, revenue in all other funds is $55.7 million, $1.2 million (or 2%) lower than last year. Other Taxes increased due to increased park dedication fees, and Transfers increased due to American Rescue Plan Act funding. Last year, Other Financing Sources were higher due to refinancing the Cityʹs debt.

Other Taxes increased by approximately $8.8 million (or 2,792%) due to increased park dedication fees related to the Westport development.

Use of Money and Property decreased by approximately $51,000 (or 6%) due to reduced interest earnings from the Cityʹs investment portfolio compared to the previous fiscal year.

Intergovernmental Revenue increased by approximately $0.9 million (or 29%) due to Valley Transportation Authority (VTA) Measure B funding for the I‐280/Junipero Serra Trail project.
3rd Quarter 3rd Quarter
2021 2022
30 ‐ Other taxes $                  316,965 $               9,166,712 $               8,849,747 2792% 40 ‐ Use of money and property                     811,589                     760,208                      (51,382) ‐6% 45 ‐ Intergovernmental revenue                  2,926,799                  3,782,723                     855,924 29% 50 ‐ Charges for services                  7,453,156                  8,568,039                  1,114,883 15% 55 ‐ Fines and forfeitures                         3,923                       36,154                       32,231 822% 60 ‐ Miscellaneous                  2,042,549                       86,803                 (1,955,747) ‐96% 65 ‐ Transfers in                17,138,138                33,040,032                15,901,894 93% 70 ‐ Other financing sources                26,193,470                    277,364               (25,916,106) ‐99% Grand Total $             56,886,590 $             55,718,034 $              (1,168,556) ‐2% Revenue Category Variance % Change
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9 Charges for services increased by approximately $1.1 million (or 15%) due to increased Youth and Teen Recreation, Outdoor Recreation, and Sports Center revenues. The Parks and Recreation Department was able to resume programs as pandemic restrictions eased.

Fines and forfeitures increased by approximately $32,000 (or 822%) due to increased citations. Last year, citations were lower due to shelter‐in‐place restrictions.

Miscellaneous revenue decreased by approximately $2.0 million (or 96%). Last year, revenue was higher due to an Apple grant to fund Capital Improvement Program projects for bikeways, trails, and sidewalks.

Transfers In increased by approximately $15.9 million (or 93%) due to a mid‐year transfer to the Capital Reserve and transfers to fund Capital Improvement Program projects.

Other financing sources decreased by approximately $25.9 million (or 99%). Last year, one‐ time revenue increases were due to the refinancing of the Cityʹs debt.

Expenditures
As of Third Quarter, expenditures in all other funds are $36.5 million, a decrease of $18.4 million (or 33%) from last year. Last year, debt service expenditures were higher due to refinancing the Cityʹs debt. This year, transfers increased to fund Capital Improvement Projects. Contract services also increased due to a new Recology agreement and the resumption of in‐person programs at the Sports Center.

Salary and Benefits are increasing by approximately $18,000 (or 0%). Compensation decreased because Public Works staff stopped charging staff time to Capital Improvement Program project budgets. Staff time is charged to the Public Works department instead.

Savings through attrition of approximately $800,000 are anticipated, and current year‐end projections are aligned.
3rd Quarter 3rd Quarter
2021 2022
05 ‐ Employee compensation 3,452,686 $                $               3,402,273 $                   (50,413) ‐1% 10 ‐ Employee benefits                  2,478,311                  2,546,863 68,552 3% 15 ‐ Materials                  1,736,435                  1,576,534 (159,901) ‐9% 20 ‐ Contract services                  2,568,375                  3,607,126 1,038,751 40% 25 ‐ Cost allocation                  1,642,905                  1,815,652 172,747 11% 30 ‐ Capital outlays                  9,106,301                  8,682,369 (423,932) ‐5% 31 ‐ Special projects                  2,904,042                  2,401,778 (502,264) ‐17% 40 ‐ Debt services                27,645,398                     398,000 (27,247,398) ‐99% 45 ‐ Transfer out                  2,497,280                11,803,048 9,305,768 373% Grand Total $             54,890,745 $             36,520,794 $            (18,369,951) ‐33% Expenditure Category Variance % Change
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10 Materials have decreased by approximately $0.2 million (or 9%). Expenditures were higher last year due to COVID‐19 grant expenditures in the Community Development Block Grant (CDBG) Fund. Telephone and data services increased due to the addition of Wi‐Fi at three public parks.

Contract Services have increased by approximately $1.0 million (or 40%). The increase is due to a new Recology franchise agreement in 2021 and increased in‐person Sports Center programs due to the reopening of the Sports Center, which was closed during shelter‐in‐ place. Also, Sports Center facility costs increased due to updates, including new windscreen panels for the tennis courts and new umbrellas for the outdoor tables.

Cost Allocation increased by approximately $0.2 million (or 11%) due primarily to higher Innovation & Technology and Human Resources costs.

Capital Outlays decreased by approximately $0.4 million (or 5%) due to lower Capital Improvement Program spending. CIP spending varies from year to year, depending on the approved projects and the progress of the projects.

Special Projects decreased by approximately $0.5 million (or 17%) due to decreases in annual asphalt project spending.

Debt Service decreased by $27.2 million (or 99%). Last year, one‐time expenditure increases were due to refinancing the Cityʹs debt.

Transfers Out increased by $9.3 million (or 373%) due to increased transfers from the Capital Reserve to fund Capital Improvement Program projects.

Budget Adjustment Requests
As of the third quarter, departments are requesting budget adjustments to ensure they end the year within budget appropriations. The recommended adjustments are summarized in the table below:
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11 On‐Call Special Projects
Staff requests to increase the on‐call special projects budget. The request is funded by offsetting and administrative revenue. The funds will be used to obtain approval for the following projects: 20860 McClellan, 20865 McClellan, 22436 Regnart, 11611‐11631 Upland, Target at Mainstreet, 21750 Rainbow, 10046 Bianchi, and 20638 Cleo.

Canyon Crossing ‐ Plan Review Consultant
The City expects to receive a building permit application for a new mixed‐use development called Canyon Crossing, located at 10625 S. Foothill Blvd. The funds will be used to have a plan check consulting firm review the building permit application. The request is funded by offsetting and administrative revenue. The scope of work is a mixed‐ used project of eighteen (18) units consisting of five (5) single‐family homes, eight (8) townhomes, and five (5) apartments over a 4,536 sq. ft. commercial building.

Transfer for City Hall Improvements
Staff requests to transfer $25,000 from the City Hall Alternatives project in Development Services (100‐82‐804 750‐072) to the City Hall Annex project (420‐99‐248 700‐702). The transfer is requested because the ʺAlternative to City Hallʺ project has been supplanted by the ʺ10455 Torre Avenue Improvementsʺ project.

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12 Ballfield Fencing
The funds will be used to hire a consultant to initiate and study the fencing requirements at the Memorial Park softball field.

Veteranʹs Memorial
The funds will be used to have a contractor replace and install any future broken wall tiles at the Veteranʹs Memorial. The Veteranʹs Memorial was built with outside funding and contractors who donated labor and materials. During the last year, many tiles became detached from the wall due to improper installation. During the presentation of the project, the City committed to the maintenance of the project in perpetuity. The funding will be used to furnish and install tiles that may break in the future.

Emergency Elevator Repair
City Hall elevators failed a load test. This load test is State‐mandated, and various repairs are required for the elevators to pass this test. Funding these repairs will allow the testing to resume and eventually pass the Stateʹs requirements for use. If the elevators are not repaired, the City could face fines for operating a non‐ADA‐compliant City Hall.

Lobby Monitor Electrical
As City Hall reopened, Information Technology requested that two monitors be mounted and powered to provide instructions to visitors. Currently, those monitors are powered using extension cords. By funding this proposal, the monitors will be fed by a unique circuit for an aesthetically pleasing appearance.

Janitorial & Security Services
The Cityʹs janitorial services contract was re‐negotiated in December 2021, and rates increased by 12%. This adjustment will cover the increase from January 2022 to June 2022 for programs that do not have sufficient funds to cover the increase this fiscal year.

Wilson Park Tree Maintenance
Staff requests funds to remove several dead trees. 14 redwood and pine trees were removed from Wilson Park due to disease and decline from drought conditions. Several of these trees were near neighboring houses. Most of the trees were over 40 years old and were just showing signs of a bark beetle infestation. Other trees suffered from drought conditions and did not have dedicated irrigation.

Sales Tax Estimate Increase
Strong performance in the business‐to‐business industry and a rebound in Restaurants and Hotels, General Consumer Goods, and Fuel and Service Stations have continued increasing sales tax revenues. As of the third quarter, the Cityʹs sales tax was approximately 119% of the annual budget. Staff recommends increasing the Cityʹs sales tax estimate of $9,056,437 to better align with year‐end projections.

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13 Transfer for Regnart Road Improvements
Staff requests to transfer $105,235 in the Streets Division for Street Paving Maintenance (270‐85‐821 900‐990) to the Regnart Road Improvements project (420‐99‐068 900‐905) to address extensive street and paving repairs associated with the improvement project.

BBF Golf Course Netting Replacement
Staff requests funding for new netting at holes 8 and 9, and replacement netting between the parking lot and hole 7. The City originally looked at performing this work under two separate contracts. By combining the work under one contract, the City will realize a savings of $12,000 on the total contract price.

Staffing
As of March 31, 2022, the Amended Budget has a total of 211 FTEs (including City Council). There are no proposed changes to staffing as part of the Third Quarter Report.

Fund Balance
The Cityʹs General Fund ended FY 2020‐21 with $96.9 million in total fund balance. As of the First Quarter Report, the City updated its FY 2021‐22 year‐end projections to $111.9 million in total fund balance, increasing $28.8 million due to higher revenues and lower expenditures in FY 2020‐21. As of the Mid‐Year Financial Report, the City updated its FY 2021‐22 year‐end projections to $101.8 million in total fund balance due to a one‐time transfer of $10 million to the Capital Reserve Fund. The City also transferred funds from unassigned to other classifications within the General Fund: $2 million to the Section 115 Pension Trust (restricted), $5 million to the Economic Uncertainty Reserve (committed), and $10 million to a new Capital Projects Reserve (committed).

The year‐end total fund balance as of Third Quarter FY 2021‐22 is projected to be $110.6 million, an increase of $8.8 million (or 9%). The increase is mainly due to higher sales tax revenue estimates.

General Fund Classification of Fund Balance
Per the Cityʹs one Fund Balance Policy, unassigned fund balance over $500,000 is to be used in the following order to replenish committed fund balances with any remaining balances to be transferred to the Capital Reserve:
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14 1. Economic Uncertainty

2. PERS

3. Sustainability Reserve

4. Capital Projects

5. Unassigned
City Manager Discretionary Fund
As part of the FY 2021‐22 Adopted Budget, City Council recommended and approved the reduction of the City Manager Discretionary Fund to an annual amount of $75,000. The quarterly budget reports will detail the City Managerʹs use of the discretionary fund and may include recommendations to replenish depending on the extent and nature of use.

As of March 31, 2022, $2,400 was used to assist with funding a Tripepi Smith contract. The City Manager Discretionary Fund was not used in the third quarter.

The City anticipates using the City Manager Discretionary Fund for the purchase of feminine sanitary product dispensers. The project is not yet complete, but staff will provide an update once the City Manager Discretionary Fund is used.

Conclusion
The Third Quarter Financial Report shows the City is well‐positioned to move forward.

City staff recommends adjustments of $529,935 in new appropriations funded by $9,448,487 in new revenues. If approved, the Cityʹs fund balance across all funds will increase by $8,918,552.

Sustainability Impact
No sustainability impact.

Prepared by: Thomas Leung, Acting Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Jim Throop, City Manager
Attachments:

A – Draft Resolution
B – FY 2021‐22 Third Quarter Financial Report
C – FY 2021‐22 Third Quarter Budget Adjustment Journal
D – Amended Budget Detail as of March 31, 2022
E – Budget Transfers Detail as of March 31, 2022
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ATTACHMENT A
RESOLUTION NO. 22‐XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2021‐22 BY

APPROPRIATING,TRANSFERRING,ANDUNAPPROPRIATINGMONIES

FOR SPECIFIED FUNDS
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May 2022, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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ATTACHMENT A
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________

Kirsten Squarcia, City Clerk
________________________
Date
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $327,600 $9,318,252 $8,990,652
Special Revenue Funds $‐  $‐  $‐
Capital Projects Funds $130,235 $130,235 $‐
Enterprise Funds $72,100 $‐  $(72,100)
Internal Service Funds $‐  $‐  $‐
Total Appropriation
Amendment All Funds $529,935 $9,448,487 $8,918,552

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This Financial Report is interactive. Click on a chart to learn more.

Background
On June 15, 2021, the City Council adopted the Fiscal Year (FY) 2021-22 Budget, a $148,845,235 spending plan funded by $132,850,958 of revenues and $15,994,277 of fund balance. On November 16, 2021, Council received the City Manager's First Quarter Financial Report, which revised the budget to account for encumbrances of $16,868,361 million and carryover appropriations of $53,863,626 million from FY 2021-22.

The carryover appropriations included $18.5 million in capital projects, $19 million for Vallco Town Center (renamed The Rise), and $5.9 million for Transportation projects. Encumbrances represent funds for obligations related to unfilled purchase orders or unfilled contracts rolled over from one year to the next until those obligations are fulfilled or terminated. Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to complete those projects.

In the first three quarters of FY 2021-22, Council approved $19.0 million in additional appropriations, mostly related to the American Rescue Plan Act of 2021 ($4.9 million), I-280 Trail ($1.9 million), First Quarter Adjustments ($1.6 million), and Mid-Year Adjustments ($10.0 million).

With carryovers, encumbrances, and Council-approved adjustments, the amended budget is $238,620,305.

Amended Budget
2021-22 Adopted Budget2021-22 Amended Budget Q12021-22 Amended Budget Q22021-22 Amended Budget Q3 Fiscal Year

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100.0M
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200.0M
Dollars
Public Works
Capital Projects
Non Departmental
Community Development
Law Enforcement
Parks and Recreation
Administration
Administrative Services
Innovation & Technology
Council and Commissions

CITY OF CUPERTINO
FY 2021-22 Third Quarter Report
The following is the Third Quarter Financial Report, submitted by the Administrative Services Department for the period January 1, 2022 to March 31, 2022 of Fiscal Year (FY) 2021-22. It has been prepared to inform the City Council, City leadership, and the public of the City’s fiscal status. 908
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Flow of Funds Chart (in Millions)
General Fund Revenues, Expenditures, and Fund Balance
To date the City’s financial statement audit has yet to be issued and revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City staff does not anticipate many if any changes from the auditors. 2018-19 Amended Budget Q4March
2018-19 Actual
2019-20 Amended Budget Q4March
2019-20 Actual
2020-21 Amended Budget Q4March
2020-21 Actual
2021-22 Amended Budget Q4March
2021-22 Actual
Fiscal Year Through March (cumulative amounts)

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125.0M
Dollars
Revenues
Expenses
Sort Large to Small 
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$5,583,966.55
Revenues Less Expenses in Mar 2022
-$5M
$0
$5M
$10M
$15M
Mar 2019 Mar 2020 Mar 2021 Mar 2022
$22,344,967.16
Revenues Less Expenses in Jun 2021
$0
$5M
$10M
$15M
$20M
$25M
Jun 2019 Jun 2020 Jun 2021
General Fund Revenue and Expenditure Trends
As of March 31, 2022, General Fund expenditures are $77.9 million; this represents 58% of budgeted appropriations. Expenditures at the Third Quarter point of the prior three years were between 67% and 75% of budgeted expenditures, placing this year below the range.

General Fund revenues are $73.1 million; this represents 62% of the budgeted revenue. Revenues at the Third Quarter point of the prior three years were between 58% and 77% of budgeted revenues, placing this year within the range.

General Fund Revenues - Third Quarter Budget vs Actuals Data Updated 5 days ago
3/2019 3/2020 3/2021 3/2022

62.02%
In Revenues of $134,543,590.00 Budgeted through Mar 2022 General Fund Expenditures - Third Quarter Budget vs Actuals Data Updated 5 days ago
3/2019 3/2020 3/2021 3/2022

57.90%
In Expenses of $134,469,314.00 Budgeted through Mar 2022 As of Third Quarter, General Fund revenue is $83.4 million, an increase of $10.4 million (or 14%) from last year due to a one-time transfer related to the American Rescue Plan Act. Additionally, transient occupancy tax revenue is $1.0 million, or 81%, higher than last year as travel rebounds due to the relaxation of pandemic-based restrictions.

As of Third Quarter, General Fund expenditures are $77.9 million, an increase of $15.0 million (or 24%) compared to last year. Transfers increased due to transfers to allocate American Rescue Plan Act funding to departments and transfers to the Capital Reserve.

General Fund Revenues Less Expenses at Third-Quarter General Fund Revenues Less Expenses at Year End 910
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$83,438,962.07
Revenues in Mar 2022
$0
$20M
$40M
$60M
$80M
$100M
$120M
Mar 2019 Mar 2020 Mar 2021 Mar 2022
$77,854,995.52
Expenses in Mar 2022
$0
$20M
$40M
$60M
$80M
$100M
Mar 2019 Mar 2020 Mar 2021 Mar 2022
$83,438,962.07
Revenues in Mar 2022
Sales Tax
Other
Intergovernm...

Transfers In
Charges for ...

Property Tax
$77,854,995.52
Expenses in Mar 2022
Transfers Ou...

Contract Ser...

Other
Employee Ben...

Cost Allocat...

Employee Com...

General Fund Classification of Fund Balance
The City's General Fund ended FY 2020-21 with $96.9 million in total fund balance. As of the First Quarter Report, the City updated its FY 2021-22 year-end projections to $111.9 million in total fund balance, increasing $28.8 million due to increased revenues and lower expenditures in FY 2020-21. As of the MidYear Financial Report, the City updated its FY 2021-22 year-end projections to $101.8 million in total fund balance due to a one-time transfer of $10 million to the Capital Reserve Fund. The City also transferred funds from unassigned to other classifications within the General Fund: $2 million to the Section 115 Pension Trust (restricted), $5 million to the Economic Uncertainty Reserve (committed), and $10 million to a new Capital Projects Reserve (committed).

Year-end fund balance as of Third Quarter FY 2021-22 is projected to be $110.7 million, an increase of $8.9 million (or 9%). The increase is due to higher sales tax revenue estimates.

General Fund Revenues - Third Quarter vs Year End Actual General Fund Expenditures - Third Quarter vs Year End Actual General Fund Revenues by Type General Fund Expenses by Type 911
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Recommended Adjustments
As of the third quarter, a few departments are requesting budget adjustments to ensure they end the year within budget appropriations. The recommended adjustments are summarized below. 912
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$9,448,487.00
Funds in 2022
General Fund
Capital Impr...
$529,935.00
Funds in 2022
General Fund
Transportati...

Blackberry F...

Capital Impr...
$9,448,487.00
Departments in 2022
Non Departme...

Capital Proj...

Community De...
$529,935.00
Departments in 2022
Community De...

Capital Proj...

Public Works
Parks and Re...

Non Departme...

Summary
The Third Quarter Financial Report shows the City is well-positioned to move forward. City staff recommends adjustments of $529,935 in new appropriations funded by $9,448,487 in new revenues. If approved, the City's fund balance across all funds will increase by $8,918,552.

City of Cupertino, California
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
View the City Council Meeting Agendas
View the City's Budgets
View the City's Financial Transparency Portal
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Revenue Adjustments by Fund Expense Adjustments by Fund Revenue Adjustments by Department Expense Adjustments by Department 913
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FY 2021-22 Third Quarter Budget Adjustment Journal ATTACHMENT C
Fund GL Account Expense Revenue Change in Fund Balance Proposal GENERAL FUND100 General Fund 100‐71‐701‐480‐405 ‐ 138,738 138,738 On‐Call Special Projects100 General Fund 100‐71‐701‐701‐702 120,642 ‐ (120,642) On‐Call Special Projects100 General Fund 100‐73‐714‐410‐422 ‐ 123,077 123,077 Canyon Crossing ‐ Plan Review Consultant100 General Fund 100‐73‐714‐701‐701 80,000 ‐ (80,000) Canyon Crossing ‐ Plan Review Consultant 100 General Fund 100‐82‐804‐750‐072 (25,000) ‐ 25,000 Transfer for City Hall Improvements 100 General Fund 100‐84‐809‐700‐702 7,390 ‐ (7,390) Ballfield Fencing 100 General Fund 100‐84‐809‐700‐702 20,000 ‐ (20,000) Veteransʹ Memorial Maintenance 100 General Fund 100‐84‐813‐700‐702 21,140 ‐ (21,140) Wilson Park Tree Maintenance 100 General Fund 100‐87‐827‐700‐702 14,000 ‐ (14,000) Emergency Elevator Repair 100 General Fund 100‐87‐827‐700‐702 5,957 ‐ (5,957) Lobby Monitor Electrical 100 General Fund 100‐87‐828‐700‐702 17,792 ‐ (17,792) Janitorial & Security Services
100 General Fund 100‐87‐840‐700‐702 36,919 ‐ (36,919) Janitorial & Security Services
100 General Fund 100‐87‐852‐700‐702 3,760 ‐ (3,760) Janitorial & Security Services
100 General Fund 100‐90‐001‐401‐401 ‐ 9,056,437 9,056,437 Sales Tax Estimate Increase100 General Fund 100‐90‐001‐800‐902 25,000 ‐ (25,000) Transfer for City Hall Improvements TOTAL GENERAL FUND 327,600 9,318,252 8,990,652
SPECIAL REVENUE FUNDS270 Transportation Fund 270‐85‐821‐900‐990 (105,235) ‐ 105,235 Transfer for Regnart Road Improvements 270 Transportation Fund 270‐90‐001‐800‐902 105,235 ‐ (105,235) Transfer for Regnart Road Improvements TOTAL SPECIAL REVENUE FUNDS ‐ ‐ ‐
CAPITAL PROJECT FUNDS420 Capital Improvement Fund 420‐99‐068‐421‐401 ‐ 105,235 105,235 Transfer for Regnart Road Improvements421 Capital Improvement Fund 420‐99‐068‐900‐905 105,235 ‐ (105,235) Transfer for Regnart Road Improvements 422 Capital Improvement Fund 420‐99‐248‐421‐401 ‐ 25,000 25,000 Transfer for City Hall Improvements423 Capital Improvement Fund 420‐99‐248‐700‐702 25,000 ‐ (25,000) Transfer for City Hall Improvements TOTAL CAPITAL PROJECT FUNDS 130,235 130,235 ‐
ENTERPRISE FUNDS560 Blackberry Farm Golf Course 560‐63‐616‐900‐945 72,100 ‐ (72,100) BBF Golf Course Netting Replacement TOTAL ENTERPRISE FUNDS 72,100 ‐ (72,100)
TOTAL ALL FUNDS $ 529,935 $ 9,448,487 $ 8,918,552
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description Amount
BUDGET CARRYOVERSBudget Carryover 100 General Fund ActiveNet Expansion 20,000 Budget Carryover 100 General Fund Adaptive Traffic Signaling ‐ project in progress 13,156 Budget Carryover 100 General Fund Alternatives to City Hall ‐ Project in progress 25,000Budget Carryover 100 General Fund Andersonʹs tree work‐ in progress 65,000Budget Carryover 100 General Fund Banning Gas Powered Leaf Blower 1,158Budget Carryover 100 General Fund bike fleet maintenance 10,000
Budget Carryover 100 General Fund Block Leader Materials 4,000Budget Carryover 100 General Fund City Facility reconfiguration/remodels/return to work 132,481 Budget Carryover 100 General Fund Climate Action Plan report 4,500 Budget Carryover 100 General Fund Climate Victory Gardens 72,800 Budget Carryover 100 General Fund Collins/Faria trip hazard mitigation ‐ work scheduled 25,000Budget Carryover 100 General Fund Covid requests 15,000Budget Carryover 100 General Fund Covid‐delayed bike/ped education 20,000 Budget Carryover 100 General Fund Covid‐delayed bike/ped program supplies 12,204 Budget Carryover 100 General Fund Council Tech (3,440)Budget Carryover 100 General Fund CSTI/Bay Area UASI training 6,200 Budget Carryover 100 General Fund CWP MuniCode updates ‐ ongoing 25,000 Budget Carryover 100 General Fund CWP Residential/Mixed Use ‐ ongoing 49,000 Budget Carryover 100 General Fund CWP Urban Village ‐ ongoing 250,000 Budget Carryover 100 General Fund Data Literacy training 13,000 Budget Carryover 100 General Fund Digitize documents 40,000Budget Carryover 100 General Fund Don Burnett Bridge repairs & inspection 197,484
Budget Carryover 100 General Fund eBuilder 17,500Budget Carryover 100 General Fund EE Commute Pilot Ph2 26,500 Budget Carryover 100 General Fund Enhancement of Conf Rms, AV svcs 36,572 Budget Carryover 100 General Fund Environmental Consulting Services 14,000 Budget Carryover 100 General Fund Ergo 4,564
Budget Carryover 100 General Fund Ergo Eval 1,600
Budget Carryover 100 General Fund General Plan Authorization ‐ on going 6,500 Budget Carryover 100 General Fund Gogobiblio program 117,000 Budget Carryover 100 General Fund hybrid workspaces 1,315 Budget Carryover 100 General Fund Internal Audit Services 50,000Budget Carryover 100 General Fund Irrigation Controller Settlement 280,675Budget Carryover 100 General Fund Laserfiche Scanning 50,000 Budget Carryover 100 General Fund last minute mandates/requests 62,000Budget Carryover 100 General Fund Locker room/restroom floor replacement/repairs 11,174 Budget Carryover 100 General Fund Management Partner Adhoc services 9,040 915
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description AmountBudget Carryover 100 General Fund Marina Project ‐ ongoing 80,145 Budget Carryover 100 General Fund Marketing Graphic design svcs ‐ Staff paternity leave 10,000 Budget Carryover 100 General Fund marketing of programs and events 1,000 Budget Carryover 100 General Fund Mayor fund 2,395Budget Carryover 100 General Fund Monta Vista trip hazard mitigation‐work scheduled 25,000 Budget Carryover 100 General Fund Municipal Water System Work Plan Item 28,932 Budget Carryover 100 General Fund new commissioners misc exps 1,000 Budget Carryover 100 General Fund Playground chip ‐ purchase/work scheduled 95,891 Budget Carryover 100 General Fund Poet Laureate 1,634Budget Carryover 100 General Fund pool pump VFD device 60,000 Budget Carryover 100 General Fund Presidio Graduate School consulting 19,900 Budget Carryover 100 General Fund Sewer replacement ‐ work in progress 25,000 Budget Carryover 100 General Fund Signage 515Budget Carryover 100 General Fund Smarsh 65,000Budget Carryover 100 General Fund Special Projects PW Scanning Project 64,009Budget Carryover 100 General Fund Stay Active fun d for senior support 32,477
Budget Carryover 100 General Fund Sustainable Infrastructure Audit 10,000 Budget Carryover 100 General Fund T/s intersection modification ‐ project in progress 47,707Budget Carryover 100 General Fund Tantua 14 ‐ plan check near completion 404,280 Budget Carryover 100 General Fund The Hamptons ‐ ongoing 108,640 Budget Carryover 100 General Fund VIA Community Shuttle Pilot Program Work Plan 9,402Budget Carryover 100 General Fund VTA CMP Member Agency Fees; invoice pending 85,586 Budget Carryover 100 General Fund VTC ‐ ongoing 16,748
Budget Carryover 100 General Fund VTC‐ inspections ongoing 5,406,634 Budget Carryover 100 General Fund VTC plan review ‐ on going 13,500,000Budget Carryover 100 General Fund VTC‐Project in progress, no addʹl funding in FY22 792,607Budget Carryover 100 General Fund Wejo ‐ Travel volumn/data 10,000Budget Carryover 100 General Fund Westport ‐ ongoing 17,048 Budget Carryover 100 General Fund Zendesk Expansion 50,000 TOTAL GENERAL FUNDS 22,657,533
Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Consultant for new landfill agreement 40,000 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Don Burnett Bridge repairs & inspection. 55,000
Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Low income cost share 13,144 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Permeable Pavement 12,500Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Special project SVC CTR IND Inspection 2,600 Budget Carryover 230 Env Mgmt Cln Crk Strm Drain Trash Enclosures ‐ Project in progress 2,500 Budget Carryover 260 CDBG CDBG‐CV 113,715
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description AmountBudget Carryover 265 BMR Housing ELI Housing 150,000Budget Carryover 265 BMR Housing Housing Strategies ‐ ongoing 5,044 Budget Carryover 265 BMR Housing Housing Survey 6,682Budget Carryover 270 Transportation Fund 1 additional gateway sign‐work to be scheduled 25,859 Budget Carryover 270 Transportation Fund Annual asphalt project‐work in progress 1,270,505Budget Carryover 270 Transportation Fund Annual SW Curb & Gutter project in progress 76,985
Budget Carryover 270 Transportation Fund Bridge Rehab Minor ‐ project in progress 514,270 Budget Carryover 270 Transportation Fund Guard Rail Repair ‐ Work in progress 25,750 Budget Carryover 270 Transportation Fund Homestead/De Anza Signal Upgrade 160,645 Budget Carryover 270 Transportation Fund Orange
& Byrne Sidewalk Improvements 2,382,398
Budget Carryover 270 Transportation Fund Ph 1 & Ph 2 Pavement digouts, crack seal & fog seal 250,000
Budget Carryover 270 Transportation Fund Ph2 McClellan Sidewalk 100,000Budget Carryover 270 Transportation Fund Regnart Road Repairs‐work scheduled. 105,235 Budget Carryover 270 Transportation Fund SBI Funds‐work scheduled. Covid delay. 800,000 Budget Carryover 270 Transportation Fund Traffic Calming ‐ project in progress 198,241 Budget Carryover 280 Park Dedication Lawrence‐Mitty Park ‐ project in progress 5,438,179 TOTAL SPECIAL REVENUE FUNDS 11,749,252
Budget Carryover 420 Capital Improvement Fund ADA Improvements‐project in progress 43,545 Budget Carryover 420 Capital Improvement Fund Banner Bank ‐ retainage (23,496) Budget Carryover 420 Capital Improvement Fund Bike Plan Implementation‐ project in progress 5,899,816 Budget Carryover 420 Capital Improvement Fund BKF Engineers 052421‐062721 inv#21070933 (50,056) Budget Carryover 420 Capital Improvement Fund Bubb Rd Separated Bikeway Improv ‐ project in progress 1,101,882 Budget Carryover 420 Capital Improvement Fund Citywide Community Garden ‐ project scheduled 265,685 Budget Carryover 420 Capital Improvement Fund Civic Center Parking Analysis ‐ project in progress 848,350 Budget Carryover 420 Capital Improvement Fund CW Bldg Condition Assess Impl‐project in progress 673,770 Budget Carryover 420 Capital Improvement Fund Inclusive Play Area Planning‐project in progress 5,465,361 Budget Carryover 420 Capital Improvement Fund Library Expansion ‐ project in progress 1,299,707 Budget Carryover 420 Capital Improvement Fund Linda Vista Trail ‐ project in progress 47,066 Budget Carryover 420 Capital Improvement Fund Mary Ave Protected Bikeway ‐ project scheduled 158,148 Budget Carryover 420 Capital Improvement Fund McClellan Ranch West Parking Lot Impro 55,891 Budget Carryover 420 Capital Improvement Fund MR Community Garden Improv‐project in progress 18,553 Budget Carryover 420 Capital Improvement Fund Playground Equipment (Creekside & Varian) 300,000
Budget Carryover 420 Capital Improvement Fund Regnart Road Improvements‐project in progress 850,382 Budget Carryover 420 Capital Improvement Fund Retaining Wall Repair ‐ Cordova Rd ‐ project in progress 25,000 Budget Carryover 420 Capital Improvement Fund Rodan ‐ Library expansion thru 6/30/21 (446,429)Budget Carryover 420 Capital Improvement Fund SCB/Bandley Signal & Median Imps ‐ project in progress 142,208
Budget Carryover 420 Capital Improvement Fund SCCP Chain MP‐MCLN to SCB ‐ project in progress 203,322 917
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description AmountBudget Carryover 420 Capital Improvement Fund School Walk Audit Implementation ‐ project in progress 1,084,133 Budget Carryover 420 Capital Improvement Fund Senior Center Walkway Replacement 14,288 Budget Carryover 420 Capital Improvement Fund SLTG/280 Ped Bridge Lighting ‐ project to be scheduled 46,449 Budget Carryover 420 Capital Improvement Fund St Light Install ‐ Annual Infill ‐ project in progress 128,416Budget Carryover 420 Capital Improvement Fund St Light Replacement CW (labor)‐project scheduled for FY 21 98,929 Budget Carryover 420 Capital Improvement Fund Stevens Crk Bank Repair Concept‐project to be scheduled 30,216 Budget Carryover 420 Capital Improvement Fund Various Park Amenities ‐ project in progress 200,000 Budget Carryover 427 Stevens Creek Corridor Park Ph II SC Corridor Park ‐ project in progress 21,431Budget Carryover 427 Stevens Creek Corridor Park Stevens Creek Corridor Park Ph 1 ‐ project in progress 38,115 TOTAL CAPITAL PROJECTS FUNDS 18,540,682
Budget Carryover 520 Resource Recovery HHW and PaintCard Transactions ‐ Work in progress 25,200 Budget Carryover 520 Resource Recovery Pending CalRecycle Transactions ‐ Work in progress 6,697Budget Carryover 520 Resource Recovery Single Use Plastics Ordinance Work Plan 30,000Budget Carryover 520 Resource Recovery Trash Enclosure SWMP ‐ Project in progress 2,500Budget Carryover 560 Blackberry Farm BBF Entrance Rd Improv Feasibility ‐ project in progress 1,261 Budget Carryover 560 Blackberry Farm BBF Golf Renovation/Alt Use ‐ project in progress 50,000 Budget Carryover 560 Blackberry Farm tree work 13,350Budget Carryover 570 Sports Center HVAC System work in progress 18,000 Budget Carryover 570 Sports Center Sport Center Community Needs Analysis 25,000 Budget Carryover 570 Sports Center Sport Center Seismic Retrofit ‐ project in progress 294,832 Budget Carryover 580 Recreation Program Quinlan Preschool Shad Structure ‐ project in progress 46,912 Budget Carryover 580 Recreation Program Quinlan Sustainable Infrastructure 341,617 TOTAL ENTERPRISE FUNDS 855,369
Budget Carryover 610 Innovation
& Technology Facility Battery 40,000
Budget Carryover 630 Vehicle/Equip Replacement Equipment purchase‐ Covid supply delay 20,790 TOTAL INTERNAL SERVICE FUNDS 60,790
TOTAL BUDGET CARRYOVERS 53,863,626
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description AmountCOUNCIL ACTIONSCouncil Action 100 General Fund 2122‐153 Appropriate $38,352 for 0.25 FTE Block Leader Position 38,352 Council Action 100 General Fund Adaptive Traffic Signaling (CWP) 160,000Council Action 100 General Fund BA #2122‐170 to increase budget for Municipal Water System 31,500 Council Action 100 General Fund Blackberry Farm Main Line Break Repair 16,800 Council Action 100 General Fund City Hall HVAC Ventilation 120,000Council Action 100 General Fund Community Garden Lock Replacement 3,149 Council Action 100 General Fund Construction Plan Check 80,000Council Action 100 General Fund Economic Development Functional Transfer 0Council Action 100 General Fund Economic Development Strategic Plan 30,000 Council Action 100 General Fund Lawrence Mitty Site Fence Repairs 20,000 Council Action 100 General Fund Library Bikeep Monthly Maintenance Fees 588 Council Action 100 General Fund Library Boiler Piping Improvements 19,000 Council Action 100 General Fund Library Cooling Repairs 35,000 Council Action 100 General Fund Library Security System Enhancements 22,362 Council Action 100 General Fund Linda Vista Trail Lockdown 9,120 Council Action 100 General Fund Local Roadway Safety Plan 80,000Council Action 100 General Fund McClellan Ranch Park Path Repairs 54,966 Council Action 100 General Fund Memorial Park Softball Fencing 31,950 Council Action 100 General Fund Plan check contract approval for Westport 300,000 Council Action 100 General Fund PLAN JPA‐Premium/Unforeseen Settlement Costs 200,000 Council Action 100 General Fun
d Portable Restroom
& Hand Washing Station 5,042
Council Action 100 General Fund QCC Tree Removal and Replacement 14,400 Council Action 100 General Fund RHNA City Work Program 774,248Council Action 100 General Fund Service Center Automatic Gate Install 199,514 Council Action 100 General Fund Transfer from General Fund to Capital Reserve 10,000,000Council Action 100 General Fund Transfer Out of Gen Fund Non‐Departmental 4,847,387 Council Action 100 General Fund Unhoused Encampment Cleanup 25,000 Council Action 100 General Fund Westport legal services 20,228 TOTAL GENERAL FUNDS 17,138,606
Council Action 230 Env Mgmt Cln Crk Strm Drain CUSD Cost Share for School Field Areas 8,706 Council Action 230 Env Mgmt Cln Crk Strm Drain Portable Water Meter and Service 3,975Council Action 265 BMR Housing Transfer out to Gen Fund (Homeless Encampment) 200,000 Council Action 280 Park Dedication LMP Debris Removal, Clean Up, and Tree Removal 910,000 TOTAL SPECIAL REVENUE FUNDS 1,122,681
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description AmountCouncil Action 420 Capital Improvement Fund All‐Inclusive Play Area Budget Reduction (1,847,699)Council Action 420 Capital Improvement Fund BA #2021‐109 to increase budget and revenue for 1,936,000 TOTAL CAPITAL PROJECTS FUNDS 88,301
Council Action 520 Resource Recovery New Landfill Agrment/Solid Waste Consulting Svcs 350,000 Council Action 560 Blackberry Farm Additional Revenue Estimate and Bank Charges 9,350 Council Action 560 Blackberry Farm Budget Modification #2122‐148 per 7/20/2021 CC instructions 26,400 Council Action 560 Blackberry Farm Golf Course Netting Replacement 64,900 Council Action 560 Blackberry Farm Tree Maintenance 10,300 Council Action 570 Sports Center HVAC #4 Controls Repair 6,500 Council Action 570 Sports Center Power Surge Breaker Replacement 10,000 TOTAL ENTERPRISE FUNDS 477,450
Council Action 610 Innovation
& Technology CIP Management System 150,000
Council Action 630 Vehicle/Equip Replacement Leaf Blower Replacement 26,000 Council Action 630 Vehicle/Equip Replacement Security Surveillance System Lawrence Mitty Site 40,045 TOTAL INTERNAL SERVICE FUNDS 216,045
TOTAL COUNCIL ACTIONS 19,043,083
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Detailed Carryovers, Council Approved Adjustments, and Encumbrance Carryovers ATTACHMENT D
Budget Adjustment Type Fund Description AmountENCUMBRANCE CARRYOVERSEncumbrance Carryover 100 General Fund Year End Soft Close 4,906,141 TOTAL GENERAL FUNDS 4,906,141
Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 54,245 Encumbrance Carryover 265 BMR Housing Year End Soft Close 13,932Encumbrance Carryover 270 Transportation Fund Year End Soft Close 2,313,039Encumbrance Carryover 280 Park Dedication Year End Soft Close 32,900 TOTAL SPECIAL REVENUE FUNDS 2,414,116
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 9,149,571 TOTAL CAPITAL PROJECTS FUNDS 9,149,571
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 16,362 Encumbrance Carryover 570 Sports Center Year End Soft Close 23,440 Encumbrance Carryover 580 Recreation Program Year End Soft Close 150,031 TOTAL ENTERPRISE FUNDS 189,833
Encumbrance Carryover 610 Innovation
& Technology Year End Soft Close 154,019
Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 54,681 TOTAL INTERNAL SERVICE FUNDS 208,700
TOTAL ENCUMBRANCE CARRYOVERS 16,868,361
89,775,070
148,845,235
$ 238,620,305

TOTAL CARRYOVERS, COUNCIL APPROVED ADJUSTMENTS, AND ENCUMBRANCE CARRYOVERS FY 2021‐22 AMENDED BUDGET AS OF MARCH 31, 2022
FY 2021‐22 ADOPTED BUDGET
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Budget Transfers Detail as of March 31, 2022 ATTACHMENT E GL Account Description Amount100‐10‐100 700‐702 ‐ Contract Services General Service Agreement 2122‐174 Housing Op Ed Tripepi Contract 2,400100‐14‐123 719‐705 ‐ Contingencies Contingencies 2122‐174 Housing Op Ed Tripepi Contract (2,400)100‐12‐120 600‐642 ‐ Materials Telphone and Data Services BMN 2122‐155 Satellite Phone to OEM (1,040)100‐12‐633 600‐642 ‐ Materials Telphone and Data Services BMN 2122‐155 Satellite Phone to OEM 1,040 100‐83‐807 600‐608 ‐ Materials Sml Tools and Equipment Budget transfer of legal settlement $ from 600‐608 to 600‐617 (277,140) 100‐83‐807 600‐617 ‐ Materials Irrigation Improvement Budget transfer of legal settlement $ from 600‐608 to 600‐617 277,140100‐15‐141 600‐613 ‐ Materials General Supplies CAO annual subscriptions 10,425 100‐15‐141 700‐702 ‐ Contract Services General Service Agreement CAO annual subscriptions (10,425)100‐15‐141 600‐642 ‐ Materials Telphone and Data Services CAO cell phone 432 100‐15‐141 700‐702 ‐ Contract Services General Service Agreement CAO cell phone (432)100‐15‐141 600‐647 ‐ Materials Memberships and Dues CAO membership & dues 1,130 100‐15‐141 700‐702 ‐ Contract Services General Service Agreement CAO membership & dues (1,130)100‐15‐141 500‐501 ‐ Employee Compensation Salaries Full Time City Attorney reclass for salary and benefits 255,000 100‐15‐141 500‐506 ‐ Employee Compensation Car Allowance City Attorney reclass for salary and benefits 4,200 100‐15‐141 501‐500 ‐ Employee Benefits Retirement System City Attorney reclass for salary and benefits 79,790100‐15‐141 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr City Attorney reclass for salary and benefits 62 100‐15‐141 501‐505 ‐ Employee Benefits Health Insurance City Attorney reclass for salary and benefits 4,500100‐15‐141 501‐506 ‐ Employee Benefits Dental Insurance City Attorney reclass for salary and benefits 1,372 100‐15‐141 501‐507 ‐ Employee Benefits Medicare City Attorney reclass for salary and benefits 3,698100‐15‐141 501‐508 ‐ Employee Benefits Life Insurance City Attorney reclass for salary and benefits 720 100‐15‐141 501‐509 ‐ Employee Benefits Long Term Disability City Attorney reclass for salary and benefits 654 100‐15‐141 501‐511 ‐ Employee Benefits Vision Insurance City Attorney reclass for salary and benefits 179 100‐15‐141 501‐513 ‐ Employee Benefits Rec Bucks City Attorney reclass for salary and benefits 500 100‐15‐141 501‐517 ‐ Employee Benefits Deferred Comp City Attorney reclass for salary and benefits 19,500 100‐15‐141 700‐702 ‐ Contract Services General Service Agreement City Attorney reclass for salary and benefits (370,175) 100‐71‐705 500‐501 ‐ Employee Compensation Salaries Full Time Economic Development Manager 115,115 100‐71‐705 501‐500 ‐ Employee Benefits Retirement System Economic Development Manager 36,019 922
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Budget Transfers Detail as of March 31, 2022 ATTACHMENT E 100‐71‐705 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Economic Development Manager 41 100‐71‐705 501‐505 ‐ Employee Benefits Health Insurance Economic Development Manager 12,473 100‐71‐705 501‐506 ‐ Employee Benefits Dental Insurance Economic Development Manager 918 100‐71‐705 501‐507 ‐ Employee Benefits Medicare Economic Development Manager 1,669100‐71‐705 501‐508 ‐ Employee Benefits Life Insurance Economic Development Manager 482 100‐71‐705 501‐509 ‐ Employee Benefits Long Term Disability Economic Development Manager 438 100‐71‐705 501‐511 ‐ Employee Benefits Vision Insurance Economic Development Manager 120 100‐71‐705 501‐513 ‐ Employee Benefits Rec Bucks Economic Development Manager 335 100‐71‐705 700‐702 ‐ Contract Services General Service Agreement Economic Development Manager (167,610) 100‐71‐701 701‐701 ‐ Refundable Deposit Expense On‐Call Contracts Increase on call arborist budget 10,000 100‐71‐701 701‐702 ‐ Refundable Deposit Expense Special Contracts Increase on call arborist budget (10,000)100‐32‐308 600‐606 ‐ Materials Software Move funds within Applications Program (15,000) 100‐32‐308 700‐702 ‐ Contract Services General Service Agreement Move funds within Applications Program 15,000 610‐34‐310 600‐629 ‐ Materials Conference and Training Moving Funds from Conference & Training to Mileage (110)610‐34‐310 600‐632 ‐ Materials Mileage Reimbursement Moving Funds from Conference & Training to Mileage 110610‐34‐310 600‐606 ‐ Materials Software Moving Funds from Small Tools to Software 12,000610‐34‐310 600‐608 ‐ Materials Sml Tools and Equipment Moving Funds from Small Tools to Software (12,000) 610‐30‐300 600‐629 ‐ Materials Conference and Training moving funds to Training account (700) 610‐30‐300 700‐701 ‐ Contract Services Training and Instruction moving funds to Training account 700 100‐32‐308 600‐606 ‐ Materials Software Moving Software funds to Contract Services (8,000)100‐32‐308 700‐702 ‐ Contract Services General Service Agreement Moving Software funds to Contract Services 8,000 100‐88‐846 700‐702 ‐ Contract Services General Service Agreement Reclassing Crossing Guard Allocation to 700‐709 (435,185)100‐88‐846 700‐709 ‐ Contract Services Crossing Guard Reclassing Crossing Guard Allocation to 700‐709 435,185 100‐86‐824 750‐143 ‐ Special Projects Foothill Blvd Median Tree Work Reclassing special project budget to correct GL 30,000 100‐86‐825 750‐143 ‐ Special Projects Foothill Blvd Median Tree Work Reclassing special project budget to correct GL (30,000) 923
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Budget Transfers Detail as of March 31, 2022 ATTACHMENT E 100‐15‐141 500‐501 ‐ Employee Compensation Salaries Full Time Senior Assistant City Attorney 158,398 100‐15‐141 501‐500 ‐ Employee Benefits Retirement System Senior Assistant City Attorney 49,563100‐15‐141 501‐502 ‐ Employee Benefits Pers 1959 Surv Empr Senior Assistant City Attorney 42 100‐15‐141 501‐505 ‐ Employee Benefits Health Insurance Senior Assistant City Attorney 12,426 100‐15‐141 501‐506 ‐ Employee Benefits Dental Insurance Senior Assistant City Attorney 915 100‐15‐141 501‐507 ‐ Employee Benefits Medicare Senior Assistant City Attorney 2,297 100‐15‐141 501‐508 ‐ Employee Benefits Life Insurance Senior Assistant City Attorney 480 100‐15‐141 501‐509 ‐ Employee Benefits Long Term Disability Senior Assistant City Attorney 436100‐15‐141 501‐511 ‐ Employee Benefits Vision Insurance Senior Assistant City Attorney 120 100‐15‐141 501‐513 ‐ Employee Benefits Rec Bucks Senior Assistant City Attorney 334 100‐15‐141 700‐702 ‐ Contract Services General Service Agreement Senior Assistant City Attorney (225,011)100‐15‐141 600‐642 ‐ Materials Telphone and Data Services Senior Assistant City Attorney cell phone 432100‐15‐141 700‐702 ‐ Contract Services General Service Agreement Senior Assistant City Attorney cell phone (432) 560‐99‐088 700‐702 ‐ Contract Services General Service Agreement transfer budget from 900‐905 to 700‐702 26,400 560‐99‐088 900‐905 ‐ Capital Outlay Facility Improvements transfer budget from 900‐905 to 700‐702 (26,400)610‐30‐300 600‐629 ‐ Materials Conference and Training Transferring funds (75) 610‐30‐300 600‐647 ‐ Materials Memberships and Dues Transferring funds 75610‐34‐310 600‐606 ‐ Materials Software Transferring funds 21,200610‐34‐310 700‐701 ‐ Contract Services Training and Instruction Transferring funds (5,000)610‐34‐310 700‐703 ‐ Contract Services Maintenance of Equipment Transferring funds (15,000)610‐35‐986 700‐702 ‐ Contract Services General Service Agreement Transferring funds (1,200) Total $ ‐
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CITY OF CUPERTINO
Agenda Item
22-10937 Agenda Date: 5/17/2022
Agenda #: 31.

Subject: Consider the 2022 Annual Pavement Report
Receive the 2022 Annual Pavement Report. /// Recommended Postponement: Postponement to May 19, 2022 meeting
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CITY COUNCIL STAFF REPORT
Meeting: 5/17/2022
Subject
Consider the 2022 Annual Pavement Report.

Recommended Action
Receive the 2022 Annual Pavement Report.

Discussion
The City of Cupertino’s street network is over 138 miles in length and covers approximately 26 million square feet (eight percent of the total area of the City of Cupertino.) The street network is one of the highest valued assets maintained by the City.

With proper maintenance, an asphalt street will typically last 20 years without the need of a total reconstruction, depending on variables such as traffic load. It is widely accepted that maintaining streets in good condition is cheaper and more efficient than reconstructing streets. Extending the life of pavement, as opposed to the replacement of pavement, is the goal of the Pavement Management Program (Program.) Street condition is measured by an industry standard Pavement Condition Index (PCI,) a 100-point scale. In Cupertino, the long-term target rating has been established at 82, a rating that is equal to “Very Good” on the rating scale, as detailed in Attachment A.

Achieving and maintaining this goal ultimately leads to cost savings, as funding can be allocated to preservation rather than rehabilitation.

The Metropolitan Transportation Commission (MTC) monitors and reports on the condition of pavement in the Bay Area in their Regional Pavement Condition Summary Report. The PCI for Cupertino’s street network, along with over 100 Bay Area agencies, is updated annually in this report. Staff anticipates that the report will show that the 2021 PCI of Cupertino’s street network will be an 84, and that the three-year moving average will also be an 84. The one-year PCI value and the three-year PCI value are expected to be the same because the street network has been consistently maintained over several years.

This is also indicative of a well performing street maintenance program. At a PCI value of 84, Cupertino’s street network is ranked third out of 109 Bay Area agencies. 926
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Most street networks, including the Cupertino Street Network, degrade approximately two PCI points annually, due to weather and wear and tear from vehicles. Appropriate maintenance to a street network can overcome the degradation and successfully maintain or increase the condition of streets.

The table below shows the Cupertino Street Network PCI values for the years 2019-2021, which includes the three-year MTC Moving Average.
2019 2020 2021
Annual PCI 85 84 84
3-year Moving
Average PCI
83 85 84
The following table shows the PCI values for arterial, collector, and residential streets for the last three years, plus the 2022 PCI values that are anticipated upon completion of all scheduled projects this summer. A street-by-street listing of PCI values can be found HERE.

The street network PCI is calculated by weighting the areas of arterial, collector, and residential streets to the total combined area. The below pie chart represents the percent of total network area by arterial, collector, and residential streets. 86 84 83 83
79 79 78
80 86
84 85 84 85 84 84 84
50 55
60 65
70 75
80 85
90 2019 2020 2021 2022
Pavement Condition Index
Residential Collector Arterial Network PCI
100
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Residential streets represent the largest portion at over 70% of the total network area. With residential streets having the largest area, their PCI value has the greatest contribution to the cumulative street network PCI. The 2020 Program, although reduced, focused on collector streets. The 2021 Program focused on residential streets. The 2022 Program will focus on rehabilitation of residential streets, with preventive maintenance on collector streets.

Budget Options Report
Cities in the Bay Area typically use an application called StreetSaver, which tracks PCI and provides the ability to run various budget scenarios. Based on a series of assumptions, StreetSaver allocates available funds across the street network, recommends improvements, and forecasts future PCI if recommendations are implemented. Staff routinely updates values in StreetSaver to reflect current costs with the type of pavement treatment recommended at various PCI values. In addition, all street sections are inspected every two to four years and the PCI values are updated accordingly. The last inspection occurred in December of 2021.

Cupertino currently allocates $3 million per year to street maintenance. To maintain the current PCI of 84 through 2026, StreetSaver recommends a funding strategy with the following budget allocations:

FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
$3 Million $3 Million $4 Million $4 Million $5 Million
Alternatively, if the City continues to allocate the current budget of $3 million per year over the next five years, StreetSaver shows a PCI decrease to 83 in 2026. 2022 Pavement Management Projects
The 2022 Pavement Maintenance Project - Phase I will go out to bid in May 2022, with work expected to begin in July 2022. The project is estimated at approximately $2 million and includes an asphalt overlay on twelve residential streets, as well as asphalt digout repairs on various streets and park pathways. The 2022 Pavement Maintenance Project - Phase II project is estimated at approximately $1 million and consists of a variety of treatments including crack fill, rubberized asphalt chip seal, and micro-surfacing. The project will go to bid in June 2022 and is expected to begin in Fall 2022. A street-by-street listing of improvements to be completed by the 2022 Pavement Maintenance Phase 1 and Arterial, 12.2%
Collector, 16.9%
Residential, 70.9%
Figure 2
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2 projects is included as Attachment B. Funding for additional crack fill and fog seal work is available in the Operations budget. The scope of work is under development and may be included in the Phase 2 Project to facilitate better bid results.

Sustainability Impact
Timely maintenance of the street network conserves valuable resources, as compared to the consumption of additional resources that are required when maintenance is not performed. The proposed funding scenario will not impact the City’s ability to provide timely preventive maintenance treatments.

Fiscal Impact
There is no fiscal impact in receiving the Annual Pavement Report.

Funding for the 2022 Pavement Maintenance Phase 1 project is currently available in Fiscal Year (FY) 2022 budget 270-85-821 900-921. Project expenses may be reimbursed by Measure B funds. At the time of project award, staff will recommend Council adopt a Resolution allocating FY 2023 funds to the 2022 Pavement Maintenance Phase 2 Project.

No additional funds are needed.
_____________________________________
Prepared by: Jo Anne Johnson, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Reviewed by: Dianne Thompson, Assistant City Manager
Approved for Submission by: Jim Throop, City Manager
Attachments:

A – Ranges of PCI Values and Street Conditions
B –2022 Pavement Maintenance Project Location List
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Attachment A
Pavement Condition Value Street Condition
80-100 (Very Good–Excellent) New pavement with few signs of distress.
70-79 (Good) Pavement showing only low levels of
distress.
60-69 (Fair) Pavement that may require a
combination of rehabilitation and
preventive maintenance.
50-59 (At Risk) Deteriorated pavement requiring
immediate attention.
25-49 (Poor) Pavement showing extensive distress and
requiring major rehabilitation or
reconstruction.
0-24 (Failed) Extremely rough pavement that needs
complete reconstruction.

Pavement Condition Index (PCI)
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ATTACHMEN T B
2022 PAVEMENT MAINTENANCE PHASE 1 & 2

DRAFT PROJECT LIST

STREET NAME FROM TO TREATMENT

FLORA VISTA GREENLEAF GARDENA OVERLAY

GRENOLA ANN ARBOR FLORA VISTA OVERLAY

TAMARIND CT FLORA VISTA END OVERLAY

RODRIGUES AVE DE ANZA BLVD TORRE AVE OVERLAY

DAVISON AVE GLENVIEW E ESTATES OVERLAY

E ESTATES DR LA MAR STEVENS CREEK OVERLAY

GLENVIEW AVE E ESTATES LA MAR OVERLAY

PINEVILLE AVE LA MAR GLENVIEW OVERLAY

RICHWOOD DR VICKSBURG MILLER OVERLAY

CULBERTSON MEIGGS BARNHART OVERLAY

OAKVALLEY RD CRISTO REY JUNIPER CT OVERLAY

PROSPECT RD DE ANZA BLVD STELLING RD RUBBER CHIP/MICRO

GREENLEAF DR STELLING BEARDON RUBBER CHIP/MICRO

S TANTAU AVE STEVENS CREEK BOLLINGER RD RUBBER CHIP/MICRO STELLING RD PROSPECT 85 BRIDGE RUBBER CHIP/MICRO
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CITY OF CUPERTINO
Agenda Item
22-10943 Agenda Date: 5/17/2022
Agenda #: 32.

Subject: Consider acceptance of Offers of Dedication and a Waiver of Future Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk Improvements Project.

Adopt Resolution No. 22-060 (Attachment A) accepting the Offers of Dedication and Waiver of Future Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk Improvements Project. /// Recommended Postponement:

Postponement to May 19, 2022 meeting
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CITY COUNCIL STAFF REPORT
Meeting: May 17, 2022
Subject
Consider acceptance of Offers of Dedication and a Waiver of Future Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk Improvements Project.

Recommended Action
Adopt Resolution No. ___ (Attachment A) accepting the Offers of Dedication and Waiver of Future Reimbursement from the property owners at 10155, 10165, and 10420 Orange Avenue, related to the Orange Avenue Sidewalk Improvements Project.

Discussion
The Orange Avenue Sidewalk Improvements project will install sidewalks along Orange Avenue between McClellan Road and Stevens Creek Boulevard. This corridor is a school route that currently involves students travelling on the asphalt roadway. Sidewalks will create a safe route to the schools. During the design of the project, the need for additional right-of-way was identified in four locations. Three property owners have donated property rights for the construction of the sidewalk improvements in exchange for a waiver of future reimbursement for City of Cupertino funded public improvements.

The one remaining property owner has declined to donate the necessary property rights.

At that location, the sidewalk will be discontinuous until such time as the property owner submits a development application. When that occurs, the development will be conditioned to dedicate the necessary right-of-way and construct full public improvements at no cost to the City. Section 14.04.110 of the City of Cupertino Municipal Code provides that when the City of Cupertino, or another property owner installs public improvements that benefit a property, the owner of the benefitted property is required to reimburse the City for its reasonable share of the costs of such improvements when the benefitted property owner seeks a land use entitlement from the City. However, if a property owner dedicates necessary right-of-way to the City without charge, the City may enter into an agreement with the owner to waive future reimbursement requirements.

Sustainability Impact
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Acceptance of the land dedications will allow the sidewalk improvements project to be constructed. This project will encourage walking by providing a safe path of travel, which is consistent with the Mobility Element of the General Plan, Goal M-3 (“Support a Safe Pedestrian and Bicycle Network for People of All Ages and Abilities,”) and Climate Action Plan (2014) Goal 2, Alternative Transportation.

Fiscal Impact
By authorizing these donations, the City will receive approximately 1008 square feet of land. No additional funding is required.
_____________________________________
Prepared by: John Raaymakers, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Reviewed by: Dianne Thompson, Assistant City Manager
Approved for Submission by: Jim Throop, City Manager
Attachments:

A – Draft Resolution
B – Signed Agreement
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Attachment A
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

TO ACCEPT THE DEDICATION OF PRIVATE PROPERTY RIGHTS TO
10155, 10165, AND 10420 ORANGE AVENUE FOR THE CONSTRUCTION OF

SIDEWALK IMPROVEMENTS ON ORANGE AVENUE AND WAIVING

FUTURE REIMBURSEMENT OF CITY-FUNDED PUBLIC IMPROVEMENTS WHEREAS, THE City desires to construct sidewalks on Orange Avenue in areas where the sidewalks are currently discontinuous; and WHEREAS, section 14.04.110 of the City of Cupertino Municipal Code allows the City to provide a waiver of future reimbursement of the cost for Cityfunded public improvements when the property owner donates the property rights necessary for the improvement project; and
WHEREAS, three property owners have donated property rights along their property frontages necessary for the construction of the Orange Avenue Sidewalk Improvements Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby accepts the dedication of property to 10155, 10165, and 10420 Orange Avenue and as further described in each of the three Agreements Regarding Offer of Dedication and Waiver of Future Reimbursement, attached as Exhibits A through C.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17 th day of May 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. __________________
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Attachment B
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CITY OF CUPERTINO
Agenda Item
22-10944 Agenda Date: 5/17/2022
Agenda #: 33.

Subject: Consider award of a construction contract for the Orange Avenue Sidewalk Improvements Project (Project 2016-10.1) for the construction of sidewalk, curb, gutter, storm drainage modifications, and associated improvements on Orange Avenue, between McClellan Road and Stevens Creek Boulevard.

Award a construction contract for the Orange Avenue Sidewalk Improvements Project, authorize the City Manager to execute a contract in the amount of $1,738,875.00 with Redgwick Construction Company, and authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $173,888.00 (10% of contract amount,) for a total authorized contract amount of $1,912,763.00. /// Recommended Postponement: Postponement to May 19, 2022 meeting
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CITY COUNCIL STAFF REPORT
Meeting: May 17, 2022
Subject
Consider award of a construction contract for the Orange Avenue Sidewalk Improvements Project (Project 2016-10.1) for the construction of sidewalk, curb, gutter, storm drainage modifications, and associated improvements on Orange Avenue, between McClellan Road and Stevens Creek Boulevard.

Recommended Action
Award a construction contract for the Orange Avenue Sidewalk Improvements Project, authorize the City Manager to execute a contract in the amount of $1,738,875.00 with Redgwick Construction Company, and authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $173,888.00 (10% of contract amount,) for a total authorized contract amount of $1,912,763.00.

Discussion
The Orange Avenue Sidewalk Improvements Project will install sidewalks where there are currently gaps on Orange Avenue between McClellan Road and Stevens Creek Boulevard, providing a continuous off-street walking route. Orange Avenue is a wellused route for school children who attend Lincoln Elementary School and Monta Vista High School, both of which are located on McClellan Road near the southern end of Orange Avenue. Orange Avenue is also a designated bike route.

Utility work to be done in conjunction with the sidewalk project will relocate existing utility poles, several of which are currently well beyond the edge of the roadway. The infill of sidewalk gaps, improved storm drainage, and relocated utility poles will result in a more comfortable and safer environment for pedestrians, bicyclists, and motorists.

Cupertino advertised the project for bids on April 18, and the bids were opened on May

10. Four bids were received, with the apparent low bid received from Terramark General Engineering Contractors, Inc. A math check revealed an error in Terramark’s bid calculation. Subsequently, Redgwick Construction was determined to have submitted the lowest bidwhich was approximately (3.4% below the engineer’s estimate.) 968
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Bidder Project Bid
Redgwick Construction $1,738,875.00
Sposeto Engineering, Inc. $1,771,855.00
Terramark General Engineering Contractors, Inc. $1,778,463.00 Engineer’s Estimate $1,800,000.00
FBD Vanguard Construction, Inc. $1,835,567.55
Municipal Code section 3.23.070 provides that a public works contract shall be awarded by the City Council to the lowest responsible bidder unless an exception set forth in Chapter 3.23 (e.g., a finding that the lowest bidder is not responsible) applies. The bid submission from Redgwick Construction was reviewed for completeness, and the contractor’s experience and qualifications were confirmed. It is determined that Redgwick Construction is the lowest responsive and responsible bidder.

The work for this project is scheduled to start within 30 days of contract award date.

Sustainability Impact
This project is exempt from the California Environmental Quality Act (CEQA) under 14 California Code of Records Section 15031 (minor alteration of existing facilities.) The Cupertino Climate Action Plan (2014) Measure C-T-1 directs the City to encourage multi-modal transportation, including walking and biking, through safety and comfort enhancements in the bicycle and pedestrian environment.

Fiscal Impact
The Fiscal Year (FY) 2021-22 Capital Improvement Project (CIP) budget includes the Orange (& Byrne) Avenue Sidewalks Improvements Project (budget unit 270-90-958). No additional funding is required.
_____________________________________
Prepared by: John Raaymakers, Public Works Project Manager Reviewed by: Matt Morley, Director of Public Works
Reviewed by: Diane Thompson, Assistant City Manager
Approved for Submission by: City Manager or Assistant City Manager Attachments:

A – Draft Contract
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Orange Ave. Sidewalk Improvements CONTRACT
Proj. No. 2016-10.1 Page 20
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Redgwick Construction Company (“Contractor”), for work on the Orange Avenue Sidewalk Improvements Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. Contractor agrees to carry out its work in compliance with any applicable local, State or Federal order regarding COVID-19.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,738,875.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 110 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of Attachment A
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Orange Ave. Sidewalk Improvements CONTRACT
Proj. No. 2016-10.1 Page 21
unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Cupertino Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
Attn: John Raaymakers
[email protected]
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Orange Ave. Sidewalk Improvements CONTRACT
Proj. No. 2016-10.1 Page 22
Copy to: Susan Michael
[email protected]
Contractor:

Name: Redgwick Construction Company
Address: 21 Hegenberger Ct.

City/State/Zip: Oakland, CA 94621
Phone: (510) 792-1727
Attn: Bob Rahebi
Email: [email protected]
Copy to: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 972
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Orange Ave. Sidewalk Improvements CONTRACT
Proj. No. 2016-10.1 Page 23
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: Redgwick Construction Company
Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
22-10938 Agenda Date: 5/17/2022
Agenda #: 34.

Subject: Consider authorizing a Seventh Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management extending the contract for six months and resulting in $102,600 in maintenance related expenses for Fiscal Year 2022-2023
Consider approving the Seventh Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management, to extend the term of the agreement up to six months and resulting in $102,600 in maintenance related expenses for Fiscal Year 2022-2023. /// Recommended Postponement:

Postponement to May 19, 2022 meeting
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CITY COUNCIL STAFF REPORT
Meeting: May 17, 2022
Subject
Consider authorizing a Seventh Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management extending the contract for six months and resulting in $102,600 in maintenance related expenses for Fiscal Year 2022-2023 Recommended Action
Consider approving the Seventh Amendment of Agreement 15-206 between the City of Cupertino and Professional Turf Management, to extend the term of the agreement up to six months and resulting in $102,600 in maintenance related expenses for Fiscal Year 2022-2023.

Background
The Professional Turf Management (PTM) agreement was authorized in December 2015 as a one-year agreement with four annual amendments to extend per the City’s discretion through June 2020. A Sixth Amendment was authorized in April 2021 due to the golf course feasibility study from the Fiscal Year (FY) 2020-21 City Work Program.

The golf course feasibility study was projected to conclude in fall 2021 and possibly impact the overall maintenance needs of the golf course, depending on the results and Council’s consideration and direction. Due to the unknown outcome of the study, the PTM golf maintenance contract was extended. The current agreement with PTM provides for golf course maintenance and soil testing. The agreement is set to expire on June 30, 2022.

Discussion
The golf course feasibility study is now projected to conclude by fall 2022. Staff is in the process of creating a Request For Proposal (RFP) for golf course maintenance. The RFP process will not be complete prior to the expiration of the current golf course maintenance contract.

The proposed Seventh Amendment will extend the existing agreement for up to six months, beginning July 1, 2022. The Seventh Amendment will retain the same provisions as the original agreement.
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PTM has worked closely with the City at Blackberry Farm Golf Course for over 10 years.

They are knowledgeable about the aging irrigation system and have maintained it as effectively as possible. The golf course resides in a unique creekside location that is home to year-round federally protected steelhead trout habitat, one of the few such habitats in Santa Clara County. PTM’s previous experience with the golf course provides the expertise necessary to appropriately manage golf course maintenance next to such a sensitive riparian habitat. By extending the agreement, the City retains a qualified and knowledgeable professional contractor to provide the required maintenance at the golf course while preparing for an RFP.

Sustainability Impact
No sustainability impact.

Fiscal Impact
This amendment would add up to six months to the contract which would cost up to $102,600 for FY 2022-23. This amount will be included as part of the Fiscal Year 2022-23 Final Budget process if the amendment is approved.
_____________________________________
Prepared by: Jenny Koverman, Recreation Supervisor
Reviewed by: Joanne Magrini, Director, Parks and Recreation Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:

A – Seventh Amendment for Blackberry Farm Golf Course Maintenance 976
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1 SEVENTH AMENDMENT TO AGREEMENT 15-206 BETWEEN

THE CITY OF CUPERTINO AND PROFESSIONAL TURF

MANAGEMENT FOR BLACKBERRY FARM GOLF COURSE

MAINTENANCE
This Seventh Amendment to Agreement 15-206 between the City of Cupertino and Professional Turf Management, for reference dated 5/17/2022, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Professional Turf Management, a California Corporation (“Contractor”) whose address is P.O. Box 700142, San Jose, Ca. 95170, and is made with reference to the following:

RECITALS:

A. On 12/3/2015, Agreement 15-206 (“Original Agreement”) was entered into by and between City and Contractor for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

B. On 6/22/2016, City and Contractor agreed to the First Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

C. On 6/14/2017, City and Contractor agreed to the Second Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

D. On 4/17/2018, City and Contractor agreed to the Third Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

E. On 5/16/2019, City and Contractor agreed to the Fourth Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

F. On 5/4/2020, City and Contractor agreed to the Fifth Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

G. On 4/29/2021, City and Contractor agreed to the Sixth Amendment for Blackberry Farm Golf Course Maintenance and soil sample collection and testing.

H. The Original Agreement and the First, Second, Third, Fourth, Fifth and Sixth Amendments are collectively referred to as the “Agreement” unless otherwise indicated.

I. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:
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3 EXPENDITURE DISTRIBUTION
1339305.1 PO #2016-398 560-63-616 700-702
Original $99,600.00
Amendment #1: $205,200.00
Amendment #2: $205,200.00
Amendment #3: $205,200.00
Amendment #4: $205,200.00
Amendment #5: $205,200.00
Amendment #6: $205,200.00
Amendment #7: $102,600.00
Total: $1,433,400
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EXHIBIT B-5

COMPENSATION

COMPENSATION
Payment for services to be performed in Fiscal Year 2022-23 From July 1, 2022 to December 31, 2022 shall be $17,000.00 per month for maintenance activities as described in Exhibit A, plus $100.00 per each soil sample and testing with a maximum Quantity of

6. Payment for services to be performed in Fiscal Year 2022-23 shall not exceed $102,600 as noted below.

Item Unit Qty Unit Price Total Cost
Blackberry Farm Month 6 $17,000.00 $102,000.00
Golf Course Maintenance
Soil Sampling Collection Each 6 $100.00 $600.00
TOTAL FEE for services, Fiscal Year 2022-23, Not to Exceed: $102,600.00

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CITY OF CUPERTINO
Agenda Item
22-10941 Agenda Date: 5/17/2022
Agenda #: 35.

Subject: Consider recommendation from the Parks and Recreation Commission to approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023 Community Funding Grant Program and approval of final funding amounts for the Community Funding Program, to be included in the Recommended Budget for Fiscal Year 2022-2023
Consider the recommendation from the Parks and Recreation Commission to approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023 Community Funding Grant Program. Determine and approve final funding amounts for the Community Funding Program, to be included in the Recommended Budget for Fiscal Year 2022-2023; and provide direction to staff. /// Recommended Postponement: Postponement to May 19, 2022 meeting
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CITY COUNCIL STAFF REPORT
Meeting: Tuesday, May 17, 2022
Subject
Recommendation from the Parks and Recreation Commission to approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023 Community Funding Grant Program and approval of final funding amounts for the Community Funding Program, to be included in the Recommended Budget for Fiscal Year 2022-2023 Recommended Action
Consider the recommendation from the Parks and Recreation Commission to approve funds in the amount of $96,460.46 for the Fiscal Year 2022-2023 Community Funding Grant Program. Determine and approve final funding amounts for the Community Funding Program, to be included in the Recommended Budget for Fiscal Year 2022-2023; and provide direction to staff.

Background
The Community Funding Grant application process opened in January and closed on February 1, 2022. The city received 21 applications for the Fiscal Year (FY) 2022-2023 Community Funding Grant Program application cycle. Staff reviewed all submitted applications for completeness and preliminary eligibility (Attachment A). The 21 applicants had the opportunity to attend the March 3 Parks and Recreation Commission meeting, provide additional information on their request, and answer any clarifying questions from the Commission.

Evaluation Process
At the April 7 regular meeting, the Parks and Recreation Commission facilitated the evaluation process and provided a funding recommendation to City Council. After receiving public comment on the item, the Commissioners each completed an evaluation form (Attachment B) before providing their total out of 100 for each application. Staff received the totals from each Commissioner and compiled them into the evaluation totals form (Attachment C), which the Commission used to discuss and determine their recommendation to Council.

Eligibility
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eligibility requirements and one application had pending eligibility, requiring further consideration by the Commission. Final eligibility was determined by the Commission during the evaluation process. The Commission agreed to provide rankings for all 17 eligible organizations.

The Commission deemed four organizations ineligible. Able 2 Shine was excluded from funding discussions with a unanimous vote, based on pending eligibility. STEMBoost, Silicon Valley Jewish Film Festival, and Monta Vista High School Speech Boosters Inc. were determined to be ineligible because they were not free to Cupertino residents.

STEMBooost received a vote of 4 yes and 1 abstained, Silicon Valley Jewish Film Festival received a unanimous vote, and Monta Vista High School Speech Boosters Inc. received a vote of 4 yes and 1 no.

These decisions of eligibility are based on the Community Funding Grant Policy (Attachment D) restrictions/guidelines that note admission to or participation in the organization’s event must be “free of charge” to Cupertino residents, unless stated in the application and approved by the Parks and Recreation Commission, and more than 75% of the requested funds allocated for direct service costs versus administrative costs.

Discussion
Parks and Recreation Commission Funding Recommendation to City Council The Commission carried a unanimous motion to recommend to City Council funding for the following organizations at a total of $96,460.46:
- West Valley Community Services - $10,000
- Women SV - $20,000
- Senior Services – Heart of the Valley - $6,160.46
- Fremont Union School District - $20,000
- American Cancer Society – Relay for Life - $6,000
- Omniware Networks – $2,000
- Buddhist Tzu Chi Medical Foundation - $8,300
- Breathe California of the Bay Area - $4,000
- Cupertino Union School District - $20,000
The Commission considered the historical funding information (Attachment E) and the suggested funding range of $70,000 to $90,000 when providing their recommendation.

The suggested funding range was included in the Community Funding Grant Policy, which was adopted by City Council at their December 1, 2020, meeting.

The Commission carried unanimous motion to recommend that, if there are additional funds, to award the applicants fully in the following order based on the remaining rankings:
- Youngzine - $6,000
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- Tian Hong Foundation - $4,500
- Chinese American Coalition for Compassionate Care - $13,000 - Rotary Club of Cupertino - $12,000
- Cupertino Bhubaneswar Sister City Initiative - $15,000 - Euphrat Museum of Art – DeAnza College - $15,000
- Palisadoes Foundation - $3,750
- Cupertino Educational Endowment Foundation - $20,000
Sustainability Impact
No sustainability impacts.

Fiscal Impact
If Council approves the Parks and Recreation Commission’s recommended funding amount of $96,460.46, final funding amounts for the Community Funding Program will be included in the Recommended Final Budget for FY 2022-23. ___________________________________
Prepared by: Rachelle Sander, Assistant Director of Parks and Recreation Reviewed by: Joanne Magrini, Director of Parks and Recreation Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:

A – Community Funding Applications and Preliminary Eligibility Evaluations B – Commissioner Community Funding Evaluation Form
C – Evaluation Totals and Parks and Recreation Commission Recommendation D – Community Funding Grant Policy
E – Community Funding Historical Funding Information FY 2018-2022 984
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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event x
Identify how the funds will be used to benefit the Cupertinocommunity x
Be awarded only once per project x
For specific needs, not on going, operational costs xHave more than 75% of the requested funds allocated for directservice costs versus administrative costs xBe complete and submitted by the application deadline x Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall onlysubmit one application NAProceeds generated from the funded activity may only be used for the conducted activity NA
admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approvedby Parks and Recreation Commission NA
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January 27, 2022
Leaders of the Cupertino Community,
It is with great pleasure that I submit the enclosed proposal for support of the Palisadoes Foundation’s 2022 Calico Challenge. The Calico Challenge provides software engineering students in underserved communities a mentored internship developing open-source software. We aim to provide the tools they need to be global contributors and entrepreneurs.

Life started for us in 2016 when a group of expatriate Jamaicans wanted to assist development of new and existing information technologies for the island’s social good. We knew academic and student leadership wanted greater practical exposure to the latest technology. In response, our pilot program for Jamaican universities was created with the goal of addressing the issues graduates would face when employed. After five years of success, members of the Jamaican diaspora suggested we expand our service area to include North America. They saw similar needs in their underserved communities. Here BIPOC minorities experience similar disadvantages after receiving a STEM education.

We are actively planning for this expansion this coming summer.

Like many non-profits, the 2020 pandemic challenged us and our students. We scaled back efforts, strategized, and developed a recovery plan to support our international growth and current program. In 2021, we took exploratory steps towards this goal by becoming a mentoring organization in the Google Summer of Code and the India-based GitHub Externship. Thanks to these opportunities and the hard work of past Calico participants, our Talawa app, a community management software, is in its final stages of development.

The ultimate mission of our foundation is to provide equitable access to life opportunities for STEM students. The Calico Challenge gives students exposure to large scale, unique, and collaborative projects that will allow them to compete in the global marketplace. We believe our program supports all of Cupertino's values. It utilizes community members to mentor the next generation, supporting their growth and volunteering their time.

We ask that you support the 2022 Calico Challenge with a generous donation of $3,750 US dollars. This will provide a Cupertino student with this mentored internship opportunity. These internships bridge the learning gap in open-source software and professional experiences. The Palisadoes Foundation is fully volunteer effort with minimal overhead expenses, ensuring funds are efficiently used for the students.

The accompanying proposal provides more information on the Palisadoes Foundation and the 2022 Calico Challenge.

Please do not hesitate to contact us should you need additional information. Thank you for your consideration.

Best Regards,
Peter Harrison
President, The Palisadoes Foundation
www.palisadoes.org
[email protected]
www.palisadoes.org
P.O. Box 518
Cupertino, CA, 95015
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Table of Contents
Executive Summary ............................................................................................................................................... 3 What We Do.......................................................................................................................................................... 4 The Calico Challenge ......................................................................................................................................... 4 Calico Expands to the USA in 2022 ............................................................................................................... 4 Expansion Preparation Activities in 2021 ..................................................................................................... 5 What We Can Do Together ............................................................................................................................... 6 Statement of Need ................................................................................................................................................ 7 Calico in Detail ...................................................................................................................................................... 9 2022 Calico Challenge ...................................................................................................................................... 9 2022 Timeline for the Calico Challenge ...................................................................................................... 10 Progress Evaluations for the Calico Challenge ............................................................................................ 11 Tangible Results for the Calico Challenge ................................................................................................... 11 Our Software Projects’ Highlight: The Talawa Mobile App ................................................................................ 12 Organizational Information................................................................................................................................. 13 Palisadoes Foundation Beginnings ................................................................................................................. 14 Meet Our Volunteers ...................................................................................................................................... 15 Peter Harrison, President ............................................................................................................................ 15 KG Charles-Harris, Secretary ....................................................................................................................... 15 Tennyson Williams, Treasurer .................................................................................................................... 16 The Palisadoes Foundation Team ............................................................................................................... 16 Conclusion ........................................................................................................................................................... 16 Palisadoes Foundation Budget ........................................................................................................................... 17 Calico Challenge .............................................................................................................................................. 17 General Expenses ............................................................................................................................................ 18 1002
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Executive Summary
The Palisadoes Foundation provides equitable access to life opportunities for STEM students. We focus on offering software engineering education internships to university students in under-served communities. This prepares them for the competitive realities of the working world.

Life started for us in 2016 when a group of expatriate Jamaicans wanted to assist development of new and existing information technologies for the island’s social good. We knew academic and student leadership wanted greater practical exposure to the latest technology. In response, our pilot program for Jamaican universities was created with the goal of addressing the issues graduates would face when employed.

After five years of success, members of the Jamaican diaspora suggested we expand our service area to include North America. They saw similar needs in their under-served communities. Here BIPOC minorities of race experience similar disadvantages after receiving a STEM education.

We are based in the San Francisco metropolitan area, where the digital divide in education is very visible. We feel that our experience in the developing world will be useful in aiding this community too. This is where we will start the next stage of our evolution.

Figure 1: Jamaica Public Service Student Tour, 2016
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What We Do
The Information and Communication Technology (ICT) sector is a dynamic, growing, and critical international industry. It can provide significant financial, developmental, and social opportunities. Our internship programs provide equitable access to critical experiences for local ICT students in under-served communities. We make them globally competitive.

The Calico Challenge
Our existing program is the annual Calico Challenge. It provides mentored, paid internships for underserved university students to work on open-source code projects. Stipends are paid upon achieving predefined goals.

These stipends ensure students work full time on one of our ongoing coding projects. We also provide a small gratuity for our quality mentors. In 2022, the Calico Challenge will become an international program, supporting both US and Jamaican students. The success of this expanded program depends upon both the support of local companies and organizations, and international cooperation.

Calico Expands to the USA in 2022
For the past 6 years, we have been consistently sponsored by Jamaican IT companies, who believe in the need and value of Calico. Over 30 internships have been provided to Jamaica software engineering students. These students have gone on to join local Jamaican IT companies, global companies such as Apple and WordPress, and postgraduate studies in North America and Europe. As we expand the 2022 Calico Challenge, we hope to continue this momentum and bring it to under-served US students.

Figure 2: RealDecoy Donation, 2017
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Expansion Preparation Activities in 2021
Like many non-profits, the 2020 pandemic hit us hard due to a lack of funding. We scaled back our efforts in Jamaica. We also began a strategy review to determine how to recover, learn, and plan our growth for international expansion.

We decided to take exploratory steps towards this goal by becoming a mentoring organization in the 2021 Google Summer of Code and the India based GitHub Externship. We are growing our processes, volunteers, and software projects to meet the international standards we must consistently attain in future. This will help us create a robust Calico Challenge program to specifically meet the needs of US-based students in 2022.

Figure 3: University of Technology Students, 2018
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What We Can Do Together
Figure 4: Palisadoes Silicon Valley Supporters, 2019
We believe our program aligns with the city of Cupertino’s mission to utilize the strengths of the community to grow and support its future generations through innovation.

We have experience with students from around the world. We began with a specialization in cultivating software engineering talent from developing countries. This makes us uniquely positioned to successfully support under-served university communities in the United States. Together we can expose BIPOC students to the professional growth opportunities we often take for granted. This expands the American worker talent pool and will improve the communities where they live, work, and play. 1006
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Statement of Need
Figure 5: Students Learning about Internship Opportunities through a Palisadoes Foundation Video Conference The Palisadoes Foundation works to bridge well-known opportunity and representation gaps. To understand how we could help IT students, we spoke with them, their professors, and IT businesses both in Jamaica and beyond. We found that exposure to collaborative, open-source coding was missing. It was felt this could be a bridge between university education and professional performance.

Contributing effectively to open-source projects requires the programmer to structure their code in a way that allows multinational teams to use it and add to it easily. This skill set is taught in many university coursework programs, but often to a limited degree. We feel that it is best learned from real world, practical opportunities.

In 2020, when we began exploring expansion opportunities, we decided to evaluate how our program could help underserved students in the US.
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We started by looking at US STEM and race related data in the National Science Foundation’s database. The NSF defines underrepresented minorities as Black American, African American, Hispanic, Latino, American Indian, or Alaska Native. The gaps we found are summarized in Figure 6.

The numbers demonstrate that equal representation diminishes as the minorities advance in the education and career process. Clearly, this group faces other, less tangible obstacles to entering the workforce. We believe these obstacles include a lack of experience and exposure, not by choice, but rather by factors related to race and/or socio-economic position. Our foundation works to ensure that these underserved students receive internship opportunities often unknown or denied to them. We believe in the value of exposure to new coding experiences and opportunities to form community and professional connection. Our talented students complete our internships feeling more confident and connected with an IT community and professionals who look like them. We hope our efforts increase the number of under-served minority Americans entering and remaining in the STEM workforce. It is essential that their creativity, perspective, and experience be represented in STEM products. Only then will these same products fully serve the needs of users who look like this part of the American community.

Figure 6: Underrepresented Minorities in STEM
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Calico in Detail
Figure 7: Student Visit, National Commercial Bank
2022 Calico Challenge
The Calico Challenge is the Palisadoes Foundation’s
primary program. It offers underserved studentdevelopers stipends to write software code for various open-source software projects.

This program cultivates globally competitive skills
through its combination of 3 key aspects with the
student’s own talent and education. Collaborative opensource coding techniques; professional requirements; and a quality mentor combine to strengthen the
student’s preparation for the workforce.

This concept is closely modeled on the Google Summer of Code (GSoC) initiative, a program that has proven to be a successful method of developing open-source code and
young programmers. Google is aware of the Calico
Challenge program and has actively expressed support.

These simple, relatively inexpensive internships will
create international opportunities for these students.

This concept bridges a gap in experience that will bring new, creative minds into a global vocation. A vocation Figure 7: How Calico Challenge Supports Student Growth 1009
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Progress Evaluations for the Calico Challenge
The Palisadoes Foundation monitors progress through 2 evaluations. Students and mentors are asked to complete Phase 1 (due mid-July 2022) and Final (due end of August 2022) evaluation forms. After each passed evaluation, students receive a specified stipend amount, as documented in Figure 11. The Palisadoes Foundation has a thorough method for arbitrating any disputes, and clear expectations of both the student and mentor are agreed upon ahead of initiation of the project.

Tangible Results for the Calico Challenge
The final results of the 2022 Calico Challenge will be:
 The completion of one or more project tasks for their selected open-source program.
 Mentor-approved open-source code which is easily usable and modifiable by other programmers.
 An increased skill level in his/her coding skills and an enhanced his/her reputation on an international level for the student.
 An increased understanding of professional aspects of collaboration and presentation
 A new, positive relationship between the mentoring
organization and student developers.

The combination of these goals will help the 2022 Calico Challenge participants establish themselves globally as the budding innovative, talented professionals they are.

F
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Our Software Projects’ Highlight: The Talawa Mobile App Since 2015 we have been developing open-source software code in many areas. For the past three years we have been focusing on ways to help community organizations.

Talawa was created to help community-based organizations collaborate with their membership. These organizations
would include religious groups, non-profit charities, social groups, sports clubs and in limited cases, businesses.

Though software applications exist for these types of
organizations (eg. Breeze ChMS, The Realm) they assume
their memberships are fully literate and have access to email.

We wanted to create a system that would work for countries and communities with similar technology access and
education challenges as Jamaica.

Talawa has three main components. A mobile application
with social media features, a web-based portal to be used by the organization’s administrative team, and finally an API providing access to data and features.

The Palisadoes Foundation wants to eventually host Talawa as a cloud service to help finance its education outreach.

Talawa’s main features include:

1. A user news feed

2. Event calendars with lightweight project management

3. Group chats

4. Member notifications

5. Donation and subscription acceptance

6. Service provider level multi-organization capability

7. Plugin support for administration services such as billing Talawa has over 60 software developers actively updating its code. The projects have been cloned 250 times by curious software developers trying to understand how the nuts and bolts work. 1012
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Organizational Information
Since 2016, the Palisadoes Foundation has been promoting equitable access to life opportunities for STEM education recipients. Our annual internship programs match university students with Information and Communications Technology (ICT) professionals as they collaborate on Open-Source software projects.

We are a registered 501(c)(3) non-profit organization registered in California.

Figure 10: Student testing our Talawa Mobile App
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Palisadoes Foundation Beginnings
Our story begins in 2016, when a group of Jamaican technology professionals came together with a desire to assist underserved university students on STEM education paths. We began in Jamaica, where we spoke with academic and student leadership in ICT education to ask what gaps we could fill. With their responses in mind, we focused our mission on promoting equitable access to life opportunities for STEM education recipients.

Our first program, the Calico Challenge, began in 2016, supporting the Jamaican ICT student community. In 2020, we realized that a similar gap existed for underserved students in our local San Francisco Bay area community. This realization inspired us to expand to the USA. Using the successful Calico Challenge as a model, we hope to do our part to fill opportunity gaps for underserved students in this area.

Figure 11: President Peter Harrison from the Palisadoes Foundation speaks to Jamaican students about the Calico Challenge program Figure 12: Calico Challenge History
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Meet Our Volunteers
The Palisadoes Foundation’s staff of volunteers includes the board president, treasurer, secretary, and several additional volunteers.

Peter Harrison, President
Peter is currently the Chief Technology Officer and a Co-Founder of Colovore. Colovore is a provider of high-density colocation solutions for companies operating high-performance IT hardware.

Peter has built the core web infrastructure for several of Silicon Valley’s internet titans. Most recently, Peter worked at Google where he helped manage global data center demand and capacity planning; the Google Fiber program and its initial data center infrastructure rollout. Peter previously lead the network team that was responsible for the initial design and deployment of Netflix’s Internet video service.

Peter obtained his Computer Engineering undergraduate and postgraduate diplomas from the University of West Indies in Jamaica. By chance, Peter was recruited to support Y2K issues in the US, and found himself on a unique path to success. He is proof that the quality of Jamaican college education is strong, but it took chance opportunities to help him establish his place in Silicon Valley. He wants to ensure that Jamaican programmers who share his work ethic don’t have to wait for luck to develop their reputation in the growing world of Information Technology.

KG Charles-Harris, Secretary
KG is currently the Chief Executive Officer of Quarrio Corporation.

Quarrio Corp. is a software company that uses artificial intelligence (AI) to make it easy for average business users to do advanced reporting and analytics. KG has founded, built, and sold three companies in the software, biotech and services and investment banking industries. He was named Global Entrepreneur of the Year by the United Nations and is a board member and advisor to several companies.

KG grew up experiencing a variety of different cultures. When he moved to Jamaica from Sweden during his teenage years, it changed his life and he fell in love with the country. One of his goals is to provide college students in disadvantaged countries the ability to keep pace with cutting edge technologies. The Calico Project brings Jamaican computer science students the opportunity to experience real world open-source coding and collaboration on an international level. KG helps Palisadoes provide great students great opportunities, and teach them how to align themselves for future ones.
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Tennyson Williams, Treasurer
Tennyson is a Senior Technical Project Manager at Comcast. He has worked on projects for Google, PayPal, Cisco, and has also worked for Hewlett-Packard. He is passionate about the Palisadoes Foundation, and in particular the Calico Challenge, because it's one of the few programs that has a direct impact on the students. His forte is working on next generation technologies and products, which gives him great insight into what is required to stay current. He knows they are getting exposure to real world technology and will have the opportunity for their contribution to have direct impact to solve real world issues. He believes these are the things needed to raise the knowledge base of the Jamaican next generation of software developers such that they can compete with the rest of the world.

The Palisadoes Foundation Team
Palisadoes Foundation is also supported by a few
volunteers and its Advisory Board. Each year we work
together with our target communities to expand the
program and aid the fundraising effort. The Palisadoes
Foundation team is passionate about their mission to
bridge gaps in STEM barriers for underserved youth. We
are particularly excited about the potential of our current sustainable programs. We believe in exposing capable,
underserved university students to modern engineering
collaboration techniques. We are confident this will enable these new technology graduates to thrive in well-deserved roles and create increasingly diverse and creative
technologies.

Conclusion
The Palisadoes Foundation is committed to creating access to critical educational and professional experiences for underserved software engineering students. We are
continually learning from the community. We will continue to seek opportunities to remove racially-related barriers to success in the STEM industry. Our current efforts focus on removing the barrier to real-world experience during the student’s university pursuits. We do this by providing realworld, collaborative, and paid coding internships. 1016
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Palisadoes Foundation Budget
Calico Challenge
The standard yearly Calico Challenge budget is $28,620 (US). The breakdown of these numbers is presented below.

Item Item Explanation Cost
(US Dollars)
Number
of Item
Student Stipend This stipend will provide each Jamaican student with the resources they need to focus their time
on their Open-Source project and learning from
their mentor, rather than finding an irrelevant
summer job.
$1500 (JA)
$3000(SF)
10 (JA)
3 (SF)
Mentor Thank You When possible, the Calico Challenge prefers to provide the volunteer mentors with a token thank
you as they manage several students and provide
a great deal of coaching and written feedback.
$375(JA)
$750(US)
6 3
Wire Transfers The Palisadoes Foundation will need to transfer stipend funds to the Jamaica Computer Society
for them to disburse the funds to the students.

These transfers cost $30 each.
$60 2
Total Cost: $28,620
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General Expenses
General expenses for the Palisadoes Foundation cost about $200 each year. While it varies, our current overhead expenses focus on paying for email and social media services, and legal costs related to expansion.

Item Item Explanation Cost
(US Dollars)
Number
of Item
MailChimp Subscription The Calico Challenge uses this service to communicate updates to sponsors, participants,
volunteers, and supporters. MailChimp provides
additional email capabilities which greatly
increases Calico’s efficiencies.
$200 1
Legal Costs As we look to expand in to the US, we will require legal advice to ensure a successful expansion.

Total Cost: $200
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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event x
Identify how the funds will be used to benefit the Cupertinocommunity x
Be awarded only once per project x
For specific needs, not on going, operational costs xHave more than 75% of the requested funds allocated for directservice costs versus administrative costs xBe complete and submitted by the application deadline x Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall onlysubmit one application NAProceeds generated from the funded activity may only be used for the conducted activity NA
admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approvedby Parks and Recreation Commission NA
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Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.

Print or type.

See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
American Cancer Society, Inc.
✔ Non-Profit, IRS 501(c)(3)
1 A
PO Box 111417
Campbell, CA 95011
13 178849 1
7/6/21
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Form W-9 (Rev. 10-2018) Page 2
By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
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Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9.

This is the case even if the foreign person has a U.S. TIN.

Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is
a(n) . . .

THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.

Individual/sole proprietor or singlemember LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.

Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947
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The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt
for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.

S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,0001
Generally, exempt payees
1 through 52
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number).

This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately.

To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213.

Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.

You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.
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1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account1

3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account

4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2

5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee1
The actual owner1

6. Sole proprietorship or disregarded
entity owned by an individual
The owner3

7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:

8. Disregarded entity not owned by an
individual
The owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation

11. Association, club, religious,
charitable, educational, or other taxexempt organization The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee For this type of account: Give name and EIN of:

14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity

15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1 List first and circle the name of the person whose number you furnish.

If only one person on a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes.

Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 1028
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The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).

If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer.

Certain penalties may also apply for providing false or fraudulent information.
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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event X
Identify how the funds will be used to benefit the Cupertinocommunity X
Be awarded only once per project X
For specific needs, not on going, operational costs XHave more than 75% of the requested funds allocated for directservice costs versus administrative costs XBe complete and submitted by the application deadline X Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall onlysubmit one application NAProceeds generated from the funded activity may only be used for the conducted activity NA
admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approvedby Parks and Recreation Commission NA
American Cancer Society Relay for Life (NEW) Eligibility Checklist (staff use only) 1031
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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event X
Identify how the funds will be used to benefit the Cupertinocommunity X
Be awarded only once per project X
For specific needs, not on going, operational costs XHave more than 75% of the requested funds allocated for directservice costs versus administrative costs XBe complete and submitted by the application deadline X Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall onlysubmit one application NAProceeds generated from the funded activity may only be used for the conducted activity NA
admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approvedby Parks and Recreation Commission x Registration Fee (amount not specified) for workshop.

STEMBoost Corporation (NEW) Eligibility Checklist (staff use only) 1038
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Deepa Gopalakrishnan
Founder, Youngzine
10386 Avenida Ln
Cupertino, CA 95014
Dear Cupertino Grant Committee Members,
Thank you for considering Youngzine for the grant opportunity from Parks and Rec, Cupertino.

I wanted to clarify that the IRS letter for 501c3 certification was granted when the organization was incorporated in San Jose. In 2015, the organization address was moved to Cupertino and since then, that is the official address on IRS records. I have tried many times to amend the original letter but was informed that is not possible. Hence, I am including additional images from the IRS website that show the location of the organization as well as the 990N.

I hope this helps clarify the address. Thank you.
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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event X
Identify how the funds will be used to benefit the Cupertinocommunity X
Be awarded only once per project X
For specific needs, not on going, operational costs XHave more than 75% of the requested funds allocated for directservice costs versus administrative costs XBe complete and submitted by the application deadline X Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall onlysubmit one application NA12e. Proceeds generated from the funded activity may only be usedfor the conducted activity NA admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approvedby Parks and Recreation Commission x Registration Fee (amount not specified) for program.

Youngzine (New) Eligibility Checklist (staff use only)
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DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
Date of this notice: 05-20-2016
Employer Identification Number:
81-2697003
Form: SS-4
Number of this notice: CP 575 A
ABLE 2 SHINE FOUNDATION

For assistance you may call us at:
1-800-829-4933

IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.

WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 81-2697003. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records.

When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us.

Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown.

Form 1120 03/15/2017
If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods.

We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note:

Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information.

IMPORTANT INFORMATION FOR S CORPORATION ELECTION:

If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. 1052
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(IRS USE ONLY) 575A 05-20-2016 ABLE B 9999999999 SS-4
If you are required to deposit for employment taxes (Forms 941, 943, 940, 944, 945, CT-1, or 1042), excise taxes (Form 720), or income taxes (Form 1120), you will receive a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS). A Personal Identification Number (PIN) for EFTPS will also be sent to you under separate cover.

Please activate the PIN once you receive it, even if you have requested the services of a tax professional or representative. For more information about EFTPS, refer to Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to make a deposit immediately, you will need to make arrangements with your Financial Institution to complete a wire transfer.

The IRS is committed to helping all taxpayers comply with their tax filing obligations. If you need help completing your returns or meeting your tax obligations, Authorized e-file Providers, such as Reporting Agents (payroll service providers) are available to assist you. Visit the IRS Web site at www.irs.gov for a list of companies that offer IRS e-file for business products and services. The list provides addresses, telephone numbers, and links to their Web sites.

To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.

IMPORTANT REMINDERS:
* Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms.
* Refer to this EIN on your tax-related correspondence and documents.

If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub.

Your name control associated with this EIN is ABLE. You will need to provide this information, along with your EIN, if you file your returns electronically.

Thank you for your cooperation.
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(IRS USE ONLY) 575A 05-20-2016 ABLE B 9999999999 SS-4
Keep this part for your records. CP 575 A (Rev. 7-2007) ---------------------------------------------------------------------------------------------- Return this part with any correspondence
so we may identify your account. Please CP 575 A
correct any errors in your name or address.
9999999999
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 05-20-2016 ( ) - EMPLOYER IDENTIFICATION NUMBER: 81-2697003
_____________________ _________________ FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE ABLE 2 SHINE FOUNDATION
CINCINNATI OH 45999-0023

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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event x
Identify how the funds will be used to benefit the Cupertinocommunity x
Be awarded only once per project x
For specific needs, not on going, operational costs x $9,000 Staffing/$11,000 non‐operational Have more than 75% of the requested funds allocated for directservice costs versus administrative costs x $9,000 Staffing/$11,000 non‐operational Be complete and submitted by the application deadline x Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall onlysubmit one application NAProceeds generated from the funded activity may only be used for the conducted activity NA
admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approvedby Parks and Recreation Commission NA
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Be made or sponsored by a 501(c)(3) non‐profit organization with experienced members capable ofimplementing and managing the program/project/event xIdentify how the funds will be used to benefit the Cupertino community xBe awarded only once per project xFor specific needs, not on going, operational costs xHave more than 75% of the requested funds allocated for direct service costs versus administrativecosts x
Be complete and submitted by the application deadline x Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall only submit one application NAProceeds generated from the funded activity may only be used for the conducted activity NA admission to or participation in the event must be ʺfree of chargeʺ to Cupertino residents unlessstated in the application and approved by Parks and Recreation Commission NA Cupertino Educational Endowment Foundation (NEW) Eligibility Checklist (staff use only) 1064
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Eligibility YES NO Notes:

Be made or sponsored by a 501(c)(3) non‐profit organization withexperienced members capable of implementing and managing theprogram/project/event x Public Schools are considered non‐profit organizations by the IRS and 501(c)(3) status is not required.

Identify how the funds will be used to benefit the Cupertino community xBe awarded only once per project xFor specific needs, not on going, operational costs xHave more than 75% of the requested funds allocated for direct service costsversus administrative costs xBe complete and submitted by the application deadline x Restrictions/Guidelines YES NO Notes:

An organization that is applying for multiple grants shall only submit oneapplication NAProceeds generated from the funded activity may only be used for the conducted activity NA
admission to or participation in the event must be ʺfree of chargeʺ toCupertino residents unless stated in the application and approved by Parksand Recreation Commission NA
Cupertino Union School District Summer Bridge (NEW) Eligibility Checklist (staff use only) 1070
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Over the last several
decades, the FUHS Foundation has supported
supplemental opportunities for the students of
FUHSD, enhancing the
exemplary educational
experience that is
offered at all five of our
comprehensive high
schools. These additional opportunities have
allowed students to
more fully explore their
passions in a variety of
interest areas. The enthusiasm and dedication
displayed by the Foundation Board is truly remarkable, and we are especially appreciative
of their tireless work,
which has not diminished over the past year
and a half of the pandemic. The Foundation
has continued to raise
critical funds for our students and programs,
particularly in the areas
of Student Support, Academic Enrichment, and
College and Career
Readiness. As an allvolunteer organization,
the Foundation has
worked diligently to ensure that more dollars
are flowing directly to
students in our music,
theater, athletics, journalism, FBLA, robotics
and STEM programs,
while also supporting
critical student services
like our partnership with
Care Solace, an online
resource that assists students and families in locating mental health and counseling services. The
services provided by
Care Solace have been
critical to our families as
they have navigated the
effects of the pandemic,
and the support of the
Foundation has allowed
us to continue providing
this valuable resource to
our school community.

On behalf of the entire
district, I want to thank
the Foundation for their
continued efforts to support our teachers and
staff and ensure that
every student has the
best possible foundation
for success in the future.

We work closely with the District to allocate funds for services and programs. We’re proud to support these programs and more.

ACADEMIC ENRICHMENT
• Science, Technology, Engineering and Math (STEM) classes at all five schools • Direct Grants to Teachers for equipment and innovative programs • Robotics equipment and competition entry fees
• Journalism Support for school newspapers
• District-Wide Art Show to showcase our students’ talents in the visual arts • Choral Festival to showcase our students’ talents in the performing arts • AVID—a college readiness system for Advancement Via Individual Determination • Teacher Summer Work Teams – curriculum collaboration
What We Fund
A Message from Superintendent Polly Bove
Fremont Union High Schools Foundation
2020—2021 Annual Report

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