Complete with
adoption
Completed with identification of Priority Housing Sites in 2014/2015 and completion of rezoning in 2019. Housing
Element update to accomodate 6th Cycle RHNA of 4,588 units commenced in October 2021, statutorily required to be
completed by Jan. 31 2023. Initial outreach conducted in 2021.
Expected to be completed by Fall 2023. The Housing Element was adopted in May 2024, with HCD certification in September 2024.The City of Cupertino completed identification of Priority Housing Sites and completed neccesary rezoning to
accomidate the RHNA shortfall of the Housing Element 6th Cycle through a resolution and ordinance passed by City Council in July 2024. The City received certification from HCD in September 2024. Complete as of September 2024.
Policy HE-1.2 Provide a full range of densities for ownership and rental housing. Ongoing Staff will continue to ensure that both ownership and rental housing will be provided at a full range of densities through enforcement of new zoning and development standards during the planning period through the application process. Ongoing.
Policy HE-1.3 Encourage mixed-use development near transportation fac ilities and employment centers. Ongoing Staff will continue to work to encourage mixed-used
development, particularly around frequent transit and business centric corridors, such as Stevens Creek Blvd, through
outreach to employers and commercial property owners.
Ongoing.
HE-1.3.1 Land Use
Policy and Zoning
Provisions
To accommodate the Regional Housing Needs Allocation (RHNA), the City will continue to:
Provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA while maintaining a balanced land use plan that offers opportunities for employment growth, commercial/retail activities, services, and amenities.
Amend development standards for housing as required to provide objective standards that are adequate and appropriate to facilitate a range of housing in the community.
Monitor the sites inventory and make it available on the City’s website.
Annual monitoring
Staff will continue to maintain landuse and zoning policies that accomadate the RHNA allocation of 4,588 units (596 extremely low, 597 very low, 687 low, 755 moderate, and 1,953 above moderate income units). Ongoing
HE-1.3.2 Rezoning to
Achieve RHNA
To ensure that the City has sufficient sites zoned appropriately to achieve the City’s Regional Housing Needs Allocation (RHNA), rezone sites to include 33.52 acres of residential land that will allow for a realistic capacity of 1,855 units, and 32.67 acres of commercial/residential land that will allow for a realistic capacity of 1,727 units.
Permit owner-occupied and rental multifamily uses by right and not require a conditional use permit or other discretionary review or approval for developments in which 20 percent or more of the total units are affordable to lower-income households.
Ensure that each site can accommodate at least 16 units per site and require that all residential development achieve a minimum density of 20 dwelling units per acre on sites designated for lower income housing.
Ensure (a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or (b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed uses, all sites designated for mixed uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.
Ensure sites will be available for develo
pment during the planning period where water and sewer
Concurent with HE
adoption
Rezoning of 58 priority Housing Sities proposed in the
Housing Element was approved through a public hearing
before the City Council, creating a new capacity upon
those sites of 1,727 units (596 lower, 436 moderate, and 695 above moderate income units). (Resolution 24-039,
Ordinance 24-2262, Ordinance 24-2261). Complete as of
July 2024
HE-1.3.3 New
Residential Zoning
Districts and Land
Use Designations
To ensure the City can meet the RHNA, the following actions will be taken:
Zoning. Create a new R4 Zoning District that will align with the two new General Plan Land Use designations, High/Very High Density allowing 50.01 to 65 units per acre, and Very High Density allowing 65.01 to 80 units per acre. The City will create development standards that will allow the maximum density of this district to be achieved. This will include increased height limits to allow at least three stories, reduced setbacks, reduced lot coverage, and reduced parking requirements.
General Plan Land Use Designations. Create two new General Plan Land Use Designations – High/Very High Density, which will allow for 50.01–65 units per acre, and Very High Density, which will allow for 65.01–80 units per acre. The City will also revise the Commercial/Residential designation to identify different densities at which residential development could occur on property zoned for Residential mixed uses for clarity, and allow 100 percent residential on sites with a General Plan Land Use designation of Commercial/Residential, if the project is affordable.
Concurent with HE
adoption
New zoning distrcits and general plan designations were approved through a public hearing before the City Council, allowing for the new development standards under the
High/Very High Density (50.01 to 65 units per acre) and Very High Density (65.01 to 80 units per acre). (Resolution 24-039, Ordinance 24-2262, Ordinance 24-2261). Complete as of July 2024
HE-1.3.4
Development on
Nonvacent Sites
Establish an outreach and coordination program to connect developers, builders, and owners of nonvacant sites. The program shall:
a. Emphasize reaching out to owners of nonvacant sites to discuss any interest in redeveloping and available incentives.
b. Market and advertise these sites to the development community along with any incentives that might be available.
c. Establish biennial meetings with developers and builders to discuss development opportunities.
If no projects are proposed on non-vacant sites within the first half of Housing Element planning period, the City will provide additional incentives, which will include, but are not limited to:
a. Priority project processing
b. Waive development impact or delay permit fees for affordable units c. Flexibility in development standards, such as parking, setbacks, and landscaping requirements
d. Support grant application requests for funding made by developers for infrastructure upgrades.
e. Assist developers of 100 percent affordable housing developments with securin
g additional financing.
Initiate by June 2024
and maintain
throughout planning
period on a biennial
basis
Staff has begun collaborating with West Valley
jurisdictions to create an annual joint outreach event to connect developers with owners of nonvacant sites and
advertise new housing opportunities under new zoning
regulations. In 2024, outreach began for the first event which is tentatively scheduled to take place in February 2025 to advertise the site at 20140 Stevens Creek Blvd.
More nonvacant sites will be promoted in future events.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 426
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Program Implementation Status pursuant to GC Section 65583 HE-1.3.5 Encourage
Mixed-Use Projects
and Residential in
Commercial Zones
The City will incentivize development of residential units in mixed-use projects that include affordable units (at least 20 percent), by providing incentives, which will include, but are not limited to:
Priority project processing
Delay payment of development impact or permit fees for affordable units Flexibility in development standards, such as parking, setbacks, and landscaping requirements Support grant application requests for funding made by developers for infrastructure upgrades.
Assist developers of 100 percent affordable housing developments with securing additional financing.
Annual outreach to
developers and
obtain feedback by
January 2025. Adopt
additional
incentives within 6
months of feedback
Promotion of missing mixed use zoning changes will take place during the first annual West Valley developer
outreach event, which is tentatively scheduled to take
place in February 2025. More sites that have high
opportunitiy for mixed-use development will be promoted in future events.
HE-1.3.6 Encourage
Missing-Middle
Housing
Developments to
Affirmatively Further
Fair Housing
The City allow and encourage the development of missing middle housing by:
Allowing corner lots in R1 zoning districts to develop as multi-family rental housing using R2 zoning regulations to encourage missing-middle developments.
Allowing lots zoned for single-family residential uses that abut (either shares a property line or is directly across the street from) property that fronts an arterial or major collector and is zoned and used for commercial or mixed-use development, to develop with rental multi-family housing using R2 zoning regulations to encourage missing middle housing.
Pursuing the establishment of maximum average unit size as a tool to moderate unit sizes for such developments.
The City will promote the missing middle strategy through City publications and online newsletters and via the City ’s website
Complete zoning
code changes by
December 2025,
outreach at least
twice in the
planning period, and
track annual
planning
applications
received
New zoning development standards were approved
through a public hearing before the City Council in July 2024. (Resolution 24-039, Ordinance 24-2262, Ordinance 24 -
2261). Promotion of missing middle housing zoning
changes will take place during the first annual West Valley developer outreach event, which is tentatively scheduled to take place in February 2025.
HE-1.3.7 Lot
Consolidation
The City will help facilitate lot consolidations to combine small residential lots (lots 0.5 acres or smaller) into larger developable lots. The City will continue the following actions to accomplish this:
Facilitate and approve lot consolidation when contiguous smaller, underutilized parcels are to be redeveloped.
Encourage master plans for such sites with coordinated access and circulation.
Provide technical assistance to property owners of adjacent parcels to facilitate coordinated redevelopment where appropriate.
Facilitate intra- and interagency cooperation in working with applicants at no cost prior to application submittal for assistance with preliminary plan review.
Provide information on the City’s website about development opportunities and incentives for lot consolidation to accommodate affordable housing units and discuss these opportunities and incentives with interested developers. As developers/owners interested in lot consolidation and the development of affordable housing projects on small lots approach the City, the City will offer the following incentives:
Allow affordable projects to exceed the maximum height limits, Reduce setbacks,
Reduce parking requirements, and/or
Offset fees (when financially feasible) and offer concurrent/fast tracking of project application Identify incentives
by December 2025.
Offer incentives by
December 2026.
Annual meeting with
local developers.
Incentives for lot consolidated will be identified by
December 2025 and offered by December 2026. Promotion
of lot consolidation zoning changes will take place during the first annual West Valley developer outreach event,
which is tentatively scheduled to take place in February 2025.
HE-1.3.8 Accessory
Dewlling Units
Amend the municipal code to be consistent with the latest State legislation related to ADUs, in accordance with state law.
Continue to provide guidance and educational materials for building ADUs on the City’s website, including permitting procedures. Additionally, the City will biennially present homeowner associations with information about the community and neighborhood benefits of ADUs, and inform them that covenants, conditions, and restrictions prohibiting ADUs are contrary to State law.
To increase mobility for lower income households, proactively advertise the benefits of ADUs by distributing multilingual informational materials in areas of high opportunity and a limited number of renter households to increase mobility for low-income households by posting flyers in community gathering places and providing information to community groups and homeowners’ associations at least annually.
Continue to offer the pre-approved ADU program and post links to approved plans as available.
Annually monitor ADU production and affordability as a part of the Annual Progress Report process and adjust or expand the focus of the education and outreach efforts.
Apply annually, if grants are available, for funding to provide incentives, for homeowners to construct ADUs affordable to very low, low, and moderate-income tenants.
Permit up to a maximum of three, 800 s.f. attached or detached ADUs, JADUs, or conversion ADUs on all single family zoned properties and a maximum of up to two 800 s.f. attached or detached ADUs, JADUs or conversion ADUs on all duplex zoned properties, which is in excess of the number of ADUs allowed under state law.
Identify incentives for construction of affordable ADUs with new development, which may include deferring collection of impact fees for the square footage associated with the ADU until issuance of the certificate of occupancy
Adopt code
amendment and
updated materials
by June 2024.
Explore incentives
by June 2025.
Annual evaluation
by April 2024 and
identify more
incentives within
one year if ADU
targets are not
being met.
The City continues to encourage the production of ADUs.
In 2023, the City issued 50 building permits for ADUs - this is approximately 33% of the total number of ADU building permits issued during the entire 5th Cycle. The ordinance is regularly updated to comply with state law. In 2021, the City developed a pre-approved ADU program to further
incentive the creation of ADUs. One property has utilitzed the pre-approved ADU program since then. New zoning
development standards were approved through a public
hearing before the City Council in July 2024. (Ordinance 24- 2262, Ordinance 24-2261). The City of Cupertino has joined a regional effort in Santa Clara County to use a new survey to collect rent data on new ADUs built to determine
affordability. The survey has been posted to the website and is active as of January 2025. The pre-approved ADU
program continues to be offerred and the program will be monitored as part of the APR. Incentives will be explored by June 2025. Grants will be applied to to provide as ADU production incentives as opportunities become available.
In 2024, 41 ADU building permits were issued and 46 ADUs received certificates of occupancy.
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Program Implementation Status pursuant to GC Section 65583 HE-1.3.9 Review
Development
Standards
The City will review and revise its zoning code to:
Review and revise design and development standards and guidelines for multifamily housing, specifically in the R4 Zone and the Priority Development Area to ensure standards are objective and that maximum densities can be achieved.
Provide flexibility in development standards to accommodate new models and approaches to providing housing, such as live/work housing to allow housing to adapt to the needs of occupants.
Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, setbacks, and higher floor area ratios particularly for higher-density and attached housing developments.
Consider granting reductions in off-street parking for senior housing. Analyze local parking standards compared to those of neighboring jurisdictions with similar characteristics and reduce parking standards to ensure parking is not a constraint on development. Specifically, reduce parking requirements for studio apartments, senior housing, and singleroom occupancy units and others as required by the analysis.
Require implementation of universal design standards for new multifamily development to provide disabled access. These standards would require the adoption of features like at least one “no-step” entry point, interior and exterior doors with 32 inches of clear passage, and one bathroom on the main floor that is able to be maneuvered in a wheelchair. Encourage the implementation of universal design standards for new single-family homes.
Remove text from the major development permit findings requiring the project to not be detrimental or injurious to property or improvements in the vicinity and or others convenience Analyze parking
standards by
December 2024 and
revise by June 2025.
Annually review
objective design
standards.
New zoning development standards were approved
through a public hearing before the City Council in July 2024. (Resolution 24-039, Ordinance 24-2262, Ordinance 24 -
2261). On May 2024, The City entered into a contract with the consultant, PlaceWorks, to draft and implement
objective design standards. After implementation, the
policy will be annually reviewed for effectiveness through the APR.
HE-1.3.10 Innovative
and Family-Friendly
Housing Options
Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock that would address housing needs for intergenerational households, students, special-needs groups, and lower-income households.
The City will implement the following:
Promote housing designs and unit mix to attract multigenerational households by encouraging housing features and more bedrooms (including four-bedroom units), as well as other on-site amenities, such as usable outdoor open space for multigenerational use to promote placebased revitalization, and multipurpose rooms that can be used for afterschool homework clubs, computer, art, or other resident activities. Facilitate at least one partnership with social service organizations to provide programming in community spaces within a 100 percent affordable project during the planning period.
Research the possibility of a Home Sharing program that would help to match “providers” with a spare room or rooms with “seekers” who are looking for an affordable place to live. This could either be done at a countywide level or the City could consider partnering with De Anza Community College to facilitate a home-sharing program to account for the high number of empty rooms across Cupertino’s single-family home supply. If the program is determined to be feasible, implement within one year of feasibility determination. Priority outreach for program implementation will focus on the city’s lower-density neighborhoods.
The City will use the findings of this program to target development of a variety of housing types in areas of concentrated overpayment to reduce displacement risk as well as promote inclusion and support integration of housing types based on income to facilitate mobility opportunities in Amend zoning code
by October 2024.
Explore alternative
options by
December 2025.
New zoning development standards were approved
through a public hearing before the City Council in July 2024. (Resolution 24-039, Ordinance 24-2262, Ordinance 24 -
2261). Staff will reach out to HIP Housing to explore the possibility of expanding the Homesharing Program to
Santa Clara County (or just the City of Cupertino) by
December 2025.
HE-1.3.11
Replacement
Housing
To facilitate place-based revitalization for households at risk of displacement due to new development, the City will require replacement housing units subject to the requirements of state law on all sites in the City when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years. This requirement applies to nonvacant sites and vacant sites with previous residential uses that have been vacated or demolished.
Ongoing as projects
are proposed.
Staff will continue to monitor development projects to
ensure that replacement units are required when
residential units are demolished. Ongoing.
HE-1.3.12 Track
Housing Production
The City will monitor housing production throughout the planning period and ensure the Pipeline Projects and sites identified to meet the RHNA maintain sufficient housing capacity to meet the RHNA target by income level. The city will not adopt reductions in allowable residential densities for Pipeline Projects in the Housing Element through General Plan update/amendment or rezone or approve development or building permits for sites identified in the inventory with fewer units or affordable to a different income category than identified in the inventory, unless findings are made that the remaining capacity is sufficient to accommodate remaining unmet RHNA for each income level. The City will track and report on:
Pipeline projects and progress towards completion;
Unit count and income/affordability assumed on parcels in the sites inventory; Actual number of units permitted and constructed by income/affordability; Net change in capacity and summary of remaining capacity by income level in meeting remaining RHNA;
In accordance with No Net Loss law, if project approval results in the remaining sites capacity becoming inadequate to accommodate RHNA by income category, the City will identify or rezone sufficient sites to accommodate the shortfall within 180 days of approval. Further, the City will track progress of pending projects towards completion and if projects are not assumed to be completed in the planning period, the City will evaluate whether there are sufficient sites available to accommodate the RHNA. If sufficient sites are not available, the City will take necessary actions (e.g., rezoning or identify additional sites) to maintain adequate sites within one year. The results of the tracking will be reported in the Housing Element Annual Progress Report reported annually to the City Council and posted online for public review.
Ongoing as projects
are proposed.
Annual review in
tracking.
Staff will continue to monitor development projects to
ensure that they are built to unit and income levels as proposed in the housing element in accordance with No
Net Loss Law. Ongoing.
HE-1.3.13 Housing
Element Monitoring
and General Plan
Consistenc
y
As required by State law, the City will review the status of Housing Element programs annually.
Annual review will cover consistency between the Housing Element and the other General Plan Elements. As portions of the General Plan are amended, the Housing Element will be reviewed and revised to ensure that internal consistenc
y is maintained.
Ongoing as the
Elements and
General Plan are
u
pdated.
Staff will continue to review elements of the General Plan to ensure their internal consistency, including the Housing Element. Ongoing. 428
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Program Implementation Status pursuant to GC Section 65583 Policy HE-2.1 Ensure that all new developments, including market-rate residential developments, help mitigate project related impacts on affordable housing needs. Ongoing
Implemented via Municipal Code and BMR Manual. Staff will continue to ensure that all new development mitigate project related impacts on affordable housing needs through the application review process and collection of related fees.
Ongoing.
Policy HE-2.2
Encourage the development of diverse housing stock that provides a range of housing types (including smaller, moderate-cost housing) and affordability levels. Emphasize the provision of housing for lower and moderate-income households, including wage earners who provide essential public services (e.g. school district employees, municipal and public safety employees, etc.) Ongoing
Staff will continue to encourage the development of housing at all affordability levels through the release of an annual BMR notice of funding availability and through enforcement of the inclusionary housing policy of the Housing Mitigation Manual during the application review process. In 2024, staff continues to review the application for the Vallco/The Rise project, which is projected to produce 2,669 units, with 134 very-low income units and 756 low income units. Ongoing.
Policy HE-2.3
Make every reasonable effort to disperse affordable units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units. Ensure that the City's development standards accommodate housing needed by persons with special needs.
Ongoing
Staff will continue to make every reasonable effort to dispurse affordable units throughout the City to Affirmatively Further Fair Housing by requiring inclusionary housing as part of market rate housing as they develop around the City. In addition, durin
g development of the City's priority housing sites inventory, the City evaluated sites through a diverse selection of neighborhoods to avoid creating areas of housing segregation while maintianing the fundamental priority of providing affordable housing units and ensuring that development
standards accomodate persons with special needs. Ongoing.
HE-2.3.1 Support
Affordable Housing
Development
Prioritize projects that are in areas with currently low percentages of renter-occupied households to facilitate housing mobility and integration of ownership and rental units. Additionally, prioritize projects in areas with high rates of
housing cost burden.
Support affordable housing development and give priority to permit processing for projects providing 100 percent affordable housing for special-needs groups throughout the city, including in areas that are predominantly single-family residential. The target populations include seniors; persons with disabilities, including developmental disabilities; female-headed households; and persons experiencing homelessness to reduce the displacement risk for these residents from their existing homes and communities.
Promote the use of the density bonus ordinance, application process streamlining, fee deferrals, and consider development fee exemption for projects that are 100 percent affordable to encourage affordable housing, with an emphasis on encouraging affordable housing in high- resource areas and areas with limited rental opportunities currently.
Facilitate the approval process for land divisions, lot line adjustments, and/or specific plans or master plans resulting in parcel sizes that enable 50 percent affordable housing development and process fee deferrals related to the subdivision for 50 percent affordable projects.
Work with public or private sponsors to identify candidate sites for new construction of housing for special needs, including transitional and supportive households, and take all actions necessary to expedite processing of such projects.
Encourage residential development near transit routes, civic uses, social services, grocery stores, parks, open space, and other health resources.
Partner with nonprofit and for-profit affordable housing developers to support their financing applications for State and federal grant programs, tax-exempt bonds, and other programs that become available.
Pursue federal, State, and private funding for low- and moderate-income housing by applying for State and federal monies for direct support of lower-income housing construction and rehabilitation, specificall
y for development of housing affordable to extremely low-income Ongoing as projects
are proposed.
Annually apply for
state/federal funds
as projects become
available.
Staff will continue to review and prioritize the development of affordable housing as opportunities become available. In 2024, no projects were ready to receive state/federal
assistance, however, staff identified the PLHA and
HomeKey+ grants as potential sources for the future Mary Ave Affordable Housing Project. Ongoing.
HE-2.3.2 Office and
Industrial Housing
Mitigation Program
The City will continue to implement the Office and Industrial Housing Mitigation Program. This program requires that developers of office, commercial, and industrial space pay a mitigation fee, which will then be used to support affordable housing in Cupertino. These mitigation fees are collected and deposited in the City’s Below Market-Rate Affordable Housing Fund.
Ongoing as projects
are proposed.
Housing Mitigation Manual updated in May 2024, to require BMR units with projects over 5 units. The City requires developers of office, commercial, and industrial space to pay a mitigation fee to support affordable housing.
Mitigated fees are collected and deposited into the City's BMR Affordable Housing Fund (AHF) for the following
fiscal years (FY) the following mitigation fees were
collected and deposited and in the BMR AFH fund. In 2023, there was $175,873.48 in BMR AHF funds collected. In
2024, no funds were collected in BMR AHF funds from the Office and Industrial Housing Mitigation Program. Staff will continue to collect mitigation fees to add to the City's Below Market Rate Affordable Housing Fund as
development pro
jects are submitted. Ongoing.
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Program Implementation Status pursuant to GC Section 65583 HE-2.3.3 Residential
Housing Mitigation
Program
The City will continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market-rate residential development. The BMR program specifies the following:
Priority. To the extent permitted by law, priority for occupancy is given to Cupertino residents, Cupertino full-time employees, and Cupertino public service employees, as defined in Cupertino’s Residential Housing Mitigation Manual.
For-Sale Residential Developments. Require 20 percent for-sale BMR units in all residential developments where the units can be sold individually (including single-family homes, common interest developments, and condominium conversions) or allow rental BMR units.
Rental Residential Developments. Require 15 percent very low- and low-income BMR units in all rental residential developments.
Rental Alternative. Allow rental BMR units in for-sale residential developments and allow developers of market-rate rental developments to provide on-site rental BMR units, if the developer: (1) enters into an agreement limiting rents in exchange for a financial contribution or a type of assistance specified in density bonus law; and (2) provides very low-income and low- income BMR rental units.
Affordable Prices and Rents. Continue to implement guidelines for affordable sales prices and affordable rents for new affordable housing and update the guidelines each year as new income guidelines are received.
Development of BMR Units Off Site. Allow developers to meet all or a portion of their BMR or Housing Mitigation fee requirement by making land available for the City or a nonprofit housing developer to construct affordable housing or allow developers to construct the required BMR units off site, in partnership with a nonprofit. The criteria for land donation or off-site BMR units will be identified in the Residential Housing Mitigation Manual.
BMR Term. Require BMR units to remain affordable for a minimum of 99 years; enforce the City’s first right of refusal for BMR units and other means to ensure that BMR units remain affordable.
Monitor the affordable for-sale inventory by requiring BMR homeowners to submit proof of occupanc
y, such as utility bills, mortgage loan documentation, homeowner’s insurance, and Ongoing as projects
are proposed.
Monitor the program
annually. Conduct
economic study if it
appears to be a
constraint and make
changes within one
year.
The City has not heard any concerns about its BMR
program being a constraint to development at this time and is not required to prepare an economic feasibility report at this time. Staff will continue to implement the housing mitigation program to ensure market developments include affordable units as a portion of housing units provided.
Revisions will be made to the mitigation program
guidelines to allow alternatives ways to satisfy BMR
requirements as neccesary. The program and any
subsequent changes will be monitored through tracking of housing production in the APR. In 2024, staff continues to review the application for the Vallo/The Rise project, which is projected to produce 2,669 units, with 134 very-low
income units and 756 low income units. Ongoing.
HE-2.3.4 Below
Market-Rate (BMR)
Affordable Housing
Fund (AHF)
The City’s BMR AHF will continue to support affordable housing projects, strategies, and services, including, but not limited to:
BMR Program Administration
Substantial rehabilitation
Land acquisition
Acquisition and/or rehabilitation of buildings for permanent affordability New construction
Preserving “at-risk” BMR units
Rental operating subsidies
Down payment assistance
Direct gap financing
Fair housing
The City will target a portion of the BMR AHF to benefit extremely low income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons with developmental disabilities), to the extent that these target populations are found to be consistent with the needs identified in the nexus study the City prepares to identify the connection, or “nexus” between new developments and the need for affordable housing.
Additionally, development of housing for lower income households will be facilitated citywide, but priority will be given to areas with currently low percentages of renter-occupied households to facilitate housing mobility and integration of ownership and rental units. Additionally, priority will also be given to areas with high rates of cost burden.
Annual publication
of a Request for
Proposals. Ongoing
as applicants for
BMR funding are
received.
Staff will continue to annual publish a Request for
Proposals for the Below Market Rate Affordable Housing
Funds and will review applications to ensure that they
meet the fund guidelines and further the City's affordable housing goals. In 2024, approximately $4.8 million dollars have been made available. Projects which include ELI units or are geographically located in areas with low
percentages of renter-occupied households or areas with high rates of cost burden will be prioritized. In 2024, this NOFA was released in November and anticipates
receiveing two applications: the Mary Ave Affordable
housing project, which is planned to produce 40 units, with 19 very low-income units, 20 extremely low-income units, and 1 manager unit. Within the affordable unit mix, 19 units will be reserved for individuals with intellectual or
developmental disabilities; and the Wolf Rd Educator
housing project, with is planned to produce 249 units built across two phases. The first phase will contain 101 units of mixed-income housing for school district employees, will contain approximately 34 low income units and 67
moderate income units. The second phase will contain 148 units, with 60 very low-income units, 86 low-income units, and 2 manager units Ongoing
HE-2.3.5 Housing
Resources
Cupertino residents and developers interested in providing affordable housing in the city have access to a variety of resources administered by other agencies. The City will continue to provide information on housing resources and services offered by the County and other outside agencies. These include, but are not limited to:
Mortgage Credit Certificate (MCC) – Santa Clara County Housing and Community Development Department.
First-Time Homebuyer Assistance and Developer Loans for Multifamily Development - Housing Trust Silicon Valley (HTSV).
Housing Choice Vouchers (Section 8) - Housing Authority of Santa Clara County (HASCC).
Affordable housing development - Santa Clara County HOME Consortium.
The City will also continue to identify and pursue various affordable housing resources available at the local, regional, state, and federal levels that could be used to address housing needs in the community. Outreach on these programs will be conducted citywide, but extra focus will be given to areas with historically higher areas of income segregation Annually identify
and pursue housing
resources as
opportunities
become available.
Update the website
as needed.
Information and technical assistance continues to be
provided by City Staff and Rise Housing Solution, BMR
program administrator. Staff will continue to research and pursue housing funds from federal, state, and regional
sources to support affordable housing and provide
relevant information to residents through the City website as projects become available. Ongoing.
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Reporting Year 2024 (Jan. 1 - Dec. 31)
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Name of Program Objective Timeframe in H.E Status of Program Implementation
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 HE-2.3.6 Surplus
Properties for
Housing and Faith-
Based Housing
The City will partner with local developers or organizations to purchase surplus properties, infill lots, and other green fields within the city to use for the development of affordable housing.
Encourage mixed-use development as a pull factor for individuals to live in the new development as follows:
Work with local public agencies, school districts, and churches to identify surplus properties or underutilized properties that have the potential for residential development.
Compile and maintain an inventory of vacant properties owned by the City or other public entities.
The inventory will include land donated and accepted by the City for donation, and land otherwise acquired by the city.
The City will then undertake steps leading to release of RFP to solicit developer interest, which may include declaration of land as ‘surplus’. The City will publicize the inventory, post it on the website, make it available to non-profit developers, and prioritize affordable housing on these sites in accordance with the Surplus Lands Act. To create housing mobility opportunities for lower-income households, conduct outreach to religious institutions to inform them of their development rights under SB 4 and encourage housing proposals within one year of Housing Element adoption. If no application for housing on a religious institution/faith-based site is received within twelve months after outreach is completed, the City will expand outreach efforts to be conducted annually. This will include direct mailings to faith-based sites highlighting successful affordable housing units on other faith-based sites, as well as available City resources and programs to support such projects if available. Additional outreach focus will be given to religious institutions located in lower-density neighborhoods to promote housing mobility in these areas.
Encourage long-term land leases of properties from churches, school districts, and corporations for construction of affordable units.
Evaluate the feasibility of developing special housing for teachers or other employee groups on the surplus properties.
Research other jurisdictions’ housing programs for teachers for their potential applicability in Cupertino
Update surplus City
properties list within
one year of
adoption. Send RFP
in compliance with
Surplus Lands Act.
Meet with affordable
housing developers
biennially. Outreach
to faith-based
groups within one
year of adoption
and if new
legislation is
adopted. If no
applications by
December 2025,
annual outreach.
The City worked with local public agencies, school
districts, and churches to identify surplus properties that have the potential for residential development during the Housing Element update between 2021 and 2023. There
were no surplus properties available from any school
districts for the City to pursue. The City continued to support the Rotating Safe Car Park (RSCP) program on
church property. The City has seen an interest from St.
Jude's Church for a development of a portion of their
property with affordable housing. The City has rezoned
this property to accommodate the development that they
envision as part of the 6th Cycle Housing Element update.
Staff will maintain a list of surplus City properties that will updated annually in accordance with Table H of the APR.
Staff will resume outreach to other faith based
organizations in 2025.
HE-2.3.7 Incentives
for Affordable
Housing
Development
The City will continue to offer a range of incentives to facilitate the development of affordable housing. These include:
Financial assistance through the City’s Below-Market Rate Affordable Housing Fund (BMR AHF) and Community Development Block Grant (CDBG) funds.
Partner with CDBG and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, Low- Income Housing Tax Credits (LIHTC), and mortgage revenue bonds.
Density bonus incentives
Flexible development standards
Technical assistance.
Waiver of park dedication fees and construction tax
Parking ordinance waivers
Expedited permit processing
Development of housing for lower-income households will be facilitated citywide, but extra focus will be given to areas with currently low percentages of renter-occupied households to facilitate housin
g mobility and integration of ownership and rental units. Additionally, focus will be given to Annually review
incentives and
publish RFPs. If
additional
incentives are
needed, adopt
within one year.
Staff will continue to publish RFPs for affordable housing funds and annaully review incentives provided to
encourage affordable housing development. Projects
which include ELI units or are geographically located in areas with low percentages of renter-occupied households or areas with high rates of cost burden will be prioritized.
Ongoing.
HE-2.3.8 Density
Bonus Ordinance
The City will continue to review and revise the Zoning Code to be consistent with State density bonus law. Although most housing developers are familiar with density bonus law and frequently request bonuses, concessions, waivers, and parking reductions, the city will provide available guidelines and other information to developers regarding the statute. The City currently allows a 100% bonus for all affordable housing developments.
Update ordinance
by June 2025.
Annually review and
revise as needed.
Every housing development with more than 5 units has
utilitzed Density Bonus, waivers, incentives and parking reductions in some capacity. Staff will continue to review and revise the zoning code to be consistent with State
density bonus law. Ongoing.
HE-2.3.9 Review
Impact Fees
To ensure that impact fees are not a constraint on the development of housing, the City will:
Review and revise impact fees by researching surrounding jurisdictions to determine other possible fee structures, grant funding opportunities and similar funding sources, review of average persons per unit at higher densities of development and will consider:
Alternatives, such as privately owned, publicly accessible (POPA) areas, or allowing parkland credit for pedestrian connections and trails.
Incorporating priority processing, granting fee waivers or deferrals for 100 percent affordable projects, and modifying development standards.
Review impact fee
by December 2025,
revise if needed by
June 2026.
Staff already grants impact fee and construction tax
waivers for all affordable units (whether the development is 100% affordable or not). It is the City's policy to continue to prioritize 100% affordable houring projects. All 100% affordable housing projects are eligible for state density bonus waivers, which allow the waivers of ALL
development standards. Additionally, many parts of the
City allow unlimited density due to proximity to major
transity stops. Therefore, almost no development
standards apply to such projects nor are such projects
subject to the payment of any parkland fees in lieu of
dedication. For projects which are not 100% affordable, the City will review parkland fees in lieu of dedication in 2025 to consider credit for public pedestrian connections or trails on the property and/or POPA areas or other
alternatives.
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Jurisdiction Cupertino
Reporting Year 2024 (Jan. 1 - Dec. 31)
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12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 HE-2.3.10 Extremely
Low-Income Housing
The City will continue to encourage the development of adequate housing to meet the needs of extremely low-income households particularly for seniors, victims of domestic violence, and persons with disabilities (including persons with developmental disabilities), through a variety of actions. The development of housing for extremely low-income households will be facilitated citywide, but priority will be given to areas with currently low percentages of renteroccupied households to facilitate housing mobility and integration of ownership and rental units.
Additionally, priority will be given to areas with high rates of housing cost burden.
Provide financing assistance using the BMR AHF and CDBG funds.
Review available State and Federal NOFAs on an annual basis and support funding applications for affordable housing projects as funding becomes available.
Adopt a priority processing procedure for projects with extremely lowincome units within one year of Housing Element adoption.
Grant reductions in off-street parking as required by density bonus law and other state statutes.
Expand regulatory incentives for the development of units affordable to extremely low-income households and housing for special-needs groups, including persons with disabilities (including developmental disabilities), and individuals and families in need of emergency/transitional housing. The City will work with developers and evaluate additional proposed development standards reductions for projects that include housing for extremely low-income households, and will present findings and proposed code amendments to the Planning Commission and City Council for adoption within nine months of identified findings.
Partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, LIHTC, and mortgage revenue bond.
Amend the Zoning Code to define single-room occupancy (SRO) units and allow them in the R4 zoning districts with a use permit, in compliance with state law.
Adopt zoning code
amendments within
9 months of
findings. Conduct
outreach by
December 2024.
Annually inform
developers of
findings.
New zoning development standards were adopted in July
2024 to address SROs and processing. (Ordinance 24-
2262, Ordinance 24-2261). The NOFA for the City's BMR
AHF fund was issued in November 2024. All projects which include ELI units will be prioritized as identified in the Housing Element. Processing for projects with affordable units are streamlined and codified in the zoning code. The City anticipates hosting a developer outreach event in
early 2025 in partnership with other cities to promote the use of development incentives for projects which contain ELI units, such as waivers and concessions. The City also anticipates discussing the availability of Density Bonus waivers and incentives for developments with affordable units and offering support for qualifying funding
applications. It is anticipated an opportunity site with proximity to services, including West Valley Community
Services, which is well suited for ELI units, will be
promoted.
HE-2.3.11 Assistance
for Persons with
Developmental
Disabilities
To increase housing mobility opportunities and support persons with developmental disabilities, the City will:
Provide referrals to the San Andreas Regional Center to inform families with persons with developmental disabilities of the resources available to them.
Continue to support the development of small group homes that serve developmentally disabled adults; adopt a policy to establish priority processing and offer fee waivers or deferrals within one year of Housing Element adoption.
Work with the nonprofit community to encourage the inclusion of units for persons with developmental disabilities in future affordable housing developments.
Encourage housing providers to pursue funding sources designated for persons with special needs and disabilities and notify housing providers of available funding opportunities as they become available. Offer technical assistance to project developers on funding applications.
Encourage housing providers to designate a portion of new affordable housing developments for persons with disabilities, including persons with developmental disabilities, to increase housing mobility opportunities and pursue funding sources designated for persons with special needs and disabilities.
Adopt priority
processing and fee
deferrals within one
year of adoption.
Meet with providers
by December 2024.
Annually coordinate
with regional
offices.
The City anticipates hosting a developer outreach event in early 2025 in partnership with other cities to promote the use of development incentives for projects which contain IDD units, such as Density Bonus waivers and
concessions. The City also anticipates offering support for qualifying grant funding applications. It is anticipated an opportunity site with proximity to services, including West Valley Community Services, which is well suited for IDD units, will be promoted. Outreach for the event began
December 2024. The City continues to support and
encourage the development of housing for persons with
developmental disabilities through the Mary Ave Affordable Housing project, which will contain 19 units for IDD
households. In 2024, staff has continuous
ly met with the
developer, Charities Housing, and committed funding to
the predevelopment of anticipated affordable housing
projects such as Mary Ave and Simeon (Eden Housing) in
2021 and reaffirmed the commitment in 2024.
HE-2.3.12 Live/Work
Units
Encourage the development or conversion of affordable live/workspace units to reduce displacement of residents and employees, specifically when replacing older strip mall type developments along busier streets to preserve the more urban and mixed-use character of the street. This would allow the street frontage to remain commercial use while the residential portion of the units would be located towards the rear of the site or in upper floors. The City will also help to market the Homeownership Assistance Programs offered by Housing Trust Silicon Valley (HTSV) in an effort to expand affordable homeownership options.
Conduct outreach
by June 2025, adopt
zoning amendments
if neccesary by
December 2025.
Annually monitor
applications and
modify if needed.
Staff will conduct outreach to commercial property owners in 2025. The City will continue to help advertise
Homeownership Assistance Programs offered by HTSV
through the City website.
Policy HE-3.1
Pursue and/or provide funding for the acquisition/rehabilitation of housing that is affordable to very low, low, and moderate income households. Actively support and assist nonprofit and for-profit developers in producing affordable units.
Ongoing
Staff will continue to release an annual notice of funding available for both local BMR funds as well as federal CDBG funds, and make avilalbe HOME, as well as state PLHA funds, to provide fundin
g to maintain existing affordable housing stock.
Ongoing.
Policy HE-3.2 Assist lower-income homeowners and rental property owners in maintaining and repairing their housing units. Ongoing
In 2024, CDBG funds were provided to the non-profit
organization, Rebuilding Together Silicon Valley, in the amount of $92,536 to provide rehabilitation services to low-income homeowners in the City of Cupertino., which served 9
households. Ongoing.
Policy HE-3.3
The City's existing multifamily units provide opportunities for households of varied income levels.
Preserve existing multifamily housing stock, including existing duplexes, triplexes, and fourplexes, by preventing the net loss of multifamily housing units upon remodeling, with new development and the existing inventory of affordable housing units that are at risk of converting to market-rate housing.
Ongoing
Staff will continue to make funding available for the
conservation of affordable housing units at risk of converting to market rate housing through using BMR, CDBG, HOME, and
PLHA programs through deed restriction via rehabilitation and conversion. Ongoing.
HE-3.3.1 Residential
Rehabilitation
The City will continue to:
Use its BMR AHF and CDBG funds to support residential rehabilitation efforts in the community.
These include:
Acquisition/rehabilitation of rental housing.
Rehabilitation of owner-occupied housing.
Provide assistance for home safety repairs and mobility/accessibility improvements to income- qualified owner-occupants using CDBG funds. The focus of this strategy is on the correction of safety hazards.
Partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, LIHTC, and mortgage revenue bonds
Ongoing as projects
are proposed.
Staff will continue to support residential rehabilitation of low-income homes in partnership with Rebuilding Together Silicon Valley through financial support in the CDBG
program. In 2024, $92,536 was provided to this program
and 9 households were served. Ongoing.
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Name of Program Objective Timeframe in H.E Status of Program Implementation
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 HE-3.3.2 Preservation
of At-Risk Housing
Units
Beardon Drive (8 units), WVCS Transitional Housing (4 units), and Sunny View West (100 units), as well as several below-market rate (BMR) units are considered at risk of converting to market- rate housing in the next 10 years. For units at risk of converting to market rate, the City shall:
Contact property owners of units at risk of converting to market-rate housing three years before affordability expiration to discuss the City’s commitment to preserve these units as affordable housing.
Coordinate with owners of expiring subsidies to ensure the required notices to tenants and to affordable housing developers are sent out at 3 years, 12 months, and 6 months or otherwise as required by state law.
Reach out to agencies and to nonprofit housing developers interested in purchasing or otherwise preserving at-risk units.
Work with tenants and other organizations to reduce displacement and refer residents to an agency that can assist in providing alternative housing, if preservation is not possible. Ensure that tenants have received all required notices and other information regarding conversion procedures.
The City will further monitor its affordable for-sale inventory by ordering title company lot books, reviewing property profile reports, and updating its public database annually.
The City will monitor its affordable rental inventory by verifying proof of occupancy and performing annual rental income certifications for each BMR tenant. To help further preserve the City’s affordable housing stock the City may consider providing assistance to rehabilitate and upgrade the affordable units as well.
Ongoing, conduct
outreach to property
owners 3 years
prior to expiration of
contracts as
needed.
Staff will continue to reach out to property owners as their affordable units approach the 3 years, 12 months, and 6 months deadlines to ensure that proper noticing is sent out to tenants informing them of ther affordability restrictions of their unit expiring. Whenever possible, staff will work with nonprofit housing developers to preserve unit
affordability. Staff was able to extend the affordability restriction of Greenwood Ct Apartments to 2116. Staff has confirmed in 2025 that the 8 units at the Beardon Dr
Apartments continue to be offered at affordable rents
despite affordability restriction expiring. Aviare, Forge Homestead, and Park City Center were contacted by staff to ensure proper noticing procedures were followed. When it was determined that for some properities, that the proper procedures were not followed, the affordability restriction was extended until proper noticing was sent, per state law.
Ongoing.
HE-3.3.3
Condominium
Conversions
The existing Condominium Conversion Ordinance regulates the conversion of rental units in multifamily housing development to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino and certain adjacent areas is less than 5 percent at the time of the application for conversion and has averaged 5 percent over the past six months. The City will continue to monitor the effectiveness of this ordinance in providing opportunities for homeownership while preserving a balanced housing stock with rental housing.
Annually monitor
ordinance and as
projects are
proposed.
The City continues to monitor the effectiveness of this ordinance by providing opportunities for homeownership
while preserving a balanced housing stock with rental
housing. Staff will continue to monitor the balance and growth of rental and ownership housing annually through the APR and will consider the effectiveness of the
Condominium Conversion Ordinance. Ongoing.
HE-3.3.4 Housing
Preservation
Program
When a proposed development or redevelopment of a site would cause a loss of multifamily housing, the City will grant approval only if:
The project will comply with the City’s Below Market Rate Housing Mitigation Program Procedural Manual;
The number of units provided on the site is at least equal to the number of existing units; Adverse impacts on displaced tenants, in developments with four or more units, are mitigated; and
The project replaces existing units at the same or deeper affordability, with the same number of bedrooms and bathrooms, and comparable square footage to the units demolished and provides displaced tenants with right of first refusal to rent new comparable units at the same rent as demolished units.
The City will review the program biannually and revise as needed; if revisions are needed, they will be adopted within one year of determination of need. In addition, indirect displacement may be caused by factors such as increased market rents as areas become more desirable. The City will participate, as appropriate, in studies of regional housing need and displacement, and consider
policies or programs to address the indirect displacement of lowerincome residents as Ongoing as projects
are proposed.
Review program
biennially.
The City must comply with state law and federal
requirements on relocation assistance to displaced
tenants as projects are proposed/constructed. Staff will continue to review and approve development applications only if the number of housing units proposed is greater than the existing count and that any adverse impacts on displaced tenants are mitigated in accordance with No Net Loss provisions. The program will be reviewed bienually.
Ongoing.
HE-3.3.5 Park Land
Ordinance
The City will review and revise its Park Land Ordinance to reduce any potential constraints on residential development while maintaining access to quality open space. The City will review requirements for higher-density projects and evaluate the possibility of open space credits.
Review by
December 2025,
revise by June 2026.
Staff will review the Park Land Ordinance in 2025.
HE-3.3.6 Tenant
Protections
Study rent stabilization and tenant protection ordinances in California and displacement in Cupertino due to rising rents and evictions. Work with relevant stakeholders to establish tenant protection and/or a rent stabilization to ensure protection for renters, as appropriate based on findings.
Complete study by
December 2024,
implement
ordinance by June
2025.
Throughout development of the Housing Element, staff
was directed by City Council to address anti-displacement for tenants of BMR units with expiring affordability
covanents as a high priority. In December 2024, staff
completed a study session during a Special Meeting of the Housing Commission to develop an anti-displacement
policy to address the needs of households in expiring BMR rental units. This will include two components: the creation of an Anti-Displacement priority waitlist in the BMR
program, and relocation payment assistance to displaced households in the amount of 3 months of fair market rent.
A proposed ordinance will be presented to the City Council for its consideration by mid-2025. Additional actions such as rent stabiliazation and transparency for deposit charges will continue to be studied as part of a larger Anti-
Dis
placement Strategy for all renters.
HE-3.3.7 Monitor
Nongovernmental
Constraints
Monitor Nongovernmental Constraints Impeding Residential Development. The City will monitor residential developments that have been approved by the City and where building permits or final maps have not been obtained, the City will make diligent efforts to contact applicants to discover why units have not been constructed within two years after approval. If due to nongovernmental constraints, such as rapid increases in construction costs, shortages of labor or materials, or rising interest rates, to the extent appropriate and legally possible, the City will seek to identify actions that may help to reduce or remove these constraints. Additionally, the City will proactively work with stakeholders to identify nongovernmental constraints or other considerations that may impede the construction of housing in Cupertino and work collaboratively to find strategies and actions that can eliminate or reduce identified constraints.
Ongoing, monitor
two years after
project approvals.
Staff will continue to monitor approved developments and work with developers to remove any nongovernmental
constraints which may be impeding completion. Feedback
from developers on constraints to development will be
solicited during the outreach event anticipated in early 2025.
Policy HE-4.1 Encourage energy and water conservation in all existing and new residential development. Ongoing Staff will continue to ensure energy and water conservation in new development through the application process. Ongoing. 433
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ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 HE-4.1.1 Enforcement
of Title 24
The City will continue to enforce Title 24 requirements for energy conservation and will evaluate using some of the other suggestions as identified in the Environmental Resources/Sustainability Element.
Ongoing as projects
are proposed.
Implemented through the Municipal Code. The City has
Chapter 16.58, Green Building Standards Code, that
requires certain projects to achieve LEED certification or similar. Staff will continue to enforce Title 24 requirements through the review and approval of development
applications. Ongoing
HE-4.1.2 Sustainable
Practices
The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and nonresidential development, additions, renovations, and tenant improvements of 10 or more units. To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than 10 units to exceed the minimum requirements of the California Green Building Code. The City will also implement the policies in its climate action plan to achieve residential-focused greenhouse gas emission reductions and further these community energy and water conservation goals.
Ongoing as projects
are proposed.
Consider additional
incentives if
neccesary by June
2025.
Implemented through the Municipal Code. Staff will
continue to enforce the Landscape Ordinance and the
Green Building Ordinance requirements through the review and approval of development applications. Ongoing.
HE-4.1.3 Sustainable,
Energy-Efficient
Housing
The City will work with and support housing developers to develop sustainable, energy-efficient housing. Such development should include solar panels, green roofs, energy-efficient lighting, and other features that aim toward carbon-neutral impacts while lowering energy costs.
Ongoing as projects
are proposed.
Staff will continue to review and approve applications for housing development that utilize sustainable, energy
efficient practices. Ongoing.
HE-4.1.4 Water and
Wastewater Priority
Consistent with the provisions of state law, the City will immediately forward its adopted Housing Element to its water and wastewater providers so they can grant priority for service allocations to proposed developments that include units affordable to lower-income households.
Concurent with HE
adoption
Staff forwarded the certified 2023-2031 Housing Element to water and wastewater providers after receiving a letter of substantial compliance from HCD. Complete as of January 2025.
Policy HE-5.1
Support organizations that provide services to lower-income and special needs households in the City, such as persons experiencing homelessness, extremely low-income households, seniors, large households, persons with disabilities, and single-parent households.
Ongoing
Staff will continue to support non-profit organizations which provide services to low-income residents through the CDBG, BMR, and HSG program which releases funds on an annual
basis through a notice of funding availability. Ongoing.
HE-5.1.1 Emergency
Shelters
The City commits to complying with the requirements of state law regarding emergency shelters.
As part of this compliance, the City will:
Continue to facilitate housing opportunities for special-needs persons by allowing emergency shelters as a permitted use, without discretionary review in the R4 zoning district and continuing to permit emergency shelters in the Quasi Public (BQ) zoning district.
Amend the definition of emergency shelters to include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care.
Amend the Zoning Code to allow emergency shelters as a permitted use, without discretionary review, in the new R4 zoning district.
Review and revise managerial standards, consistent with State law.
Adopt zoning code
amendment by June
2024.
Amendments to zoning code were approved through a
public hearing before the City Council. (Resolution 24-039, Ordinance 24-2262, Ordinance 24-2261). Complete as of
July 2024. The City of Cupertino has joined with other West Valley Cities to study opportunities to addressed issues faced by the unhoused, including the development of
temporary and emergency housing facilities, and will sign an MOU for the combined effort in 2025 which will execute a group contract with GoodCity to conduct the study.
HE-5.1.2 Supportive
Services for Lower-
Income Households
and Persons with
Special Needs
The City will continue to use its BMR AHF, CDBG funds, and General Fund Human Service Grants (HSG) funds to provide for a range of supportive services for lower-income households and persons with special needs.
Annual publication
of a Request for
Proposals. Ongoing
as applicants for
funding are
received.
Staff will continue to annual publish a Request for
Proposals for low-income public services and will review applications to ensure that they meet the fund guidelines and further the City's low-income service goals. In 2024, the following organizations received funding:
•CDBG $19,054.05 to Live Oak Adult Day Services, a senior adult day care.
•CDBG $35,974.05 to West Valley Community Services
(WVCS) CARE Program, a community access to resource
and education program.
•HSG $10,000 to Catholic Charities of Santa Clara County, a long-term care ombudsman program.
•HSG $24,678.11 to Maitri, a transitional housing direct client services program.
•HSG $16,287.55 to Senior Adult Legal Assistance, a legal assistance to elders program.
•HSG $74,034.34 to WVCS Haven to Home program, a
supportive services and housing resources program for
the homeless.
Ongoing.
HE-5.1.3 Rotating
Safe Car Park
The City will continue to support the operation of a Rotating Safe Car Park program in collaboration with local nonprofit service providers, such as West Valley Community Services.
Ongoing as projects
are proposed.
Staff will continue to review and approve applications for the Rotating Safe Car Park program for Cupertino host
locations and support the program through financial
contributions whenever possible. In 2024, the City of
Cuperitno provided $25,000 to the Rotating Safe Car Park program which served 27 households. Ongoing.
HE-5.1.4 Low Barrier
Navigation Center
and Supportive
Housing
The City will amend the Zoning Ordinance to allow supportive housing and low-barrier navigation centers for the homeless by right in mixed-use and nonresidential zoning districts where multifamily uses are permitted, per state law.
Amend zoning code
by December 2024.
Amendments to zoning code were approved through a
public hearing before the City Council. (Ordinance 24-2262, Ordinance 24-2261). Complete as of July 2024.
Amendments were reviewed by HCD prior to adoption.
Complete as of July 2024.
The City of Cupertino has joined
with other West Valley Cities to study opportunities to addressed issues faced by the unhoused, including the
development of temporary and emergency housing
facilities, and will sign an MOU for the combined effort in 2025 which will execute a group contract with GoodCity to conduct the study
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Jurisdiction Cupertino
Reporting Year 2024 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 HE-5.1.5 Residential
Care Facilities
The Zoning Ordinance now allows residential care facilities for six clients or fewer to be treated as a single-family use consistent with state law. The City will amend the Zoning Ordinance to allow larger residential care facilities that operate as a single housekeeping unit in all zones that permit residential uses, with objective standards similar to those applied to other residential uses permitted in that zonin
g district.
Amend zoning code
by December 2024.
Amendments to zoning code were approved through a
public hearing before the City Council. (Ordinance 24-2262, Ordinance 24-2261). Complete as of July 2024.
Amendments were reviewed by HCD prior to adoption.
HE-5.1.6
Manufactured Homes
The City will amend the Zoning Code to permit manufactured homes, as defined in state law, in the same manner and in the same zoning districts as conventional or stick-built structures are permitted.
Amend zoning code
by December 2024.
Amendments to zoning code were approved through a
public hearing before the City Council. (Ordinance 24-2262, Ordinance 24-2261). Complete as of July 2024.
Amendments were reviewed b
y HCD prior to adoption.
Policy HE-6.1
The City will work to eliminate on a citywide basis all unlawful discrimination in housing with respect to age, race, sex, sexual orientation, marital or familial status, ethnic background, medical condition, or other arbitrary factors, so that all persons can obtain decent housing.
Ongoing
The City will continue to combat housing discrimination through the investigation and enforcement of fair housing law and education of landlords through Project Sentinel. Ongoing.
Policy HE-6.2
The City will work to create opportunities for public education around the issue of housing equity and education about the history of racial segregation to build community and raise awareness. This should include more opportunities for community dialogue and shared experiences. Outreach about these programs will be conducted citywide, but extra focus will be given to areas where long-term patterns of income segregation may be more prevalent.
Ongoing
The City will continue to collaborate with nonprofit proviers of fair housing enforcement and low-income housing legal
defense to educate and raise awareness on systemic housing inequalities within the community. Ongoing.
HE-6.2.1 Fair Housing
Services
The City will continue to:
Partner with a local fair housing service provider, such as Project Sentinel, to provide fair housing services, which include outreach, education, counseling, and investigation of fair housing complaints.
Partner with a local fair housing service provider, such as Project Sentinel, to provide direct services for residents, landlords, and other housing professionals. Among other things, this should address issues related to the use of HUD-VASH vouchers, so that veterans may use such vouchers without discrimination.
Partner with a local fair housing service provider, such as Project Sentinel, to assist individuals with housing problems such as discrimination and rental issues including repairs, and provide information and counseling regarding rights and responsibilities under California tenant landlord law. Additionally, provide annual training to landlords on fair housing rights and responsibilities with the intent of reducing, or eliminating, discrimination.
Coordinate with efforts of the Santa Clara County Fair Housing Consortium to affirmatively further fair housing.
Distribute fair housing materials produced by various organizations at public counters and public events.
Annual fair housing
training for
landlords. Outreach
twice in planning
period.
The City of Cupertino will continue to maintain an annual contract with Project Sentinel for the provision of fair housing services, tenant-landlord dispute resolution, and fair housing education through outreach, counselling, and investgations. In 2024, $50,000 was provided to this
program which provided service to 65 households. Two
outreach events related to fair housing will be held during the planning period in coordination with the Santa Clara County Fair Housing Consortium.
HE-6.2.2 Affirmative
Marketing
The City will work with affordable housing developers to ensure that affordable housing is affirmatively marketed to households with disproportionate housing needs, including Hispanic and Black households who work in and live outside of Cupertino (e.g., materials in Spanish and English, distributed through employers).
Ongoing as projects
are proposed.
City housing staff will coordinate with economic
development staff to develop a list of 50 local employers to distribute marketing matierals for affordable housing.
Outreach will be conducted citywide, but extra marketing efforts will be requested of developers working in or
around areas with historically higher areas of potential income segregation.
HE-6.2.3 Housing
Mobility
Work with a local fair housing service provider, such as Project Sentinel, to contact rental property owners and managers of multifamily apartment complexes to provide fair housing information and assistance. This outreach will include promoting the Housing Choice Voucher (Section 8) program to landlords that have not previously participated in the program and will target use of multi-lingual materials. Target additional outreach to higher-income neighborhoods.
Outreach twice in
planning period.
The City of Cupertino will continue to maintain an annual contract with Project Sentinel for the provision of fair housing services, tenant-landlord dispute resolution, and fair housing education through outreach, counselling, and investgations. Two outreach events related to fair housing will be held during the planning period in coordination with the Santa Clara County Fair Housing Consortium.
HE-6.2.4 Housing
Project Coordinator
To support the implementation of the multiple new and expanded housing programs and policies identified in the Housing Element, assign a member of City staff as the housing project coordinator. This position would assist with developing outreach programs, writing and pursing grant applications, ongoing monitoring of affordable housing production, preservation and rehabilitation, coordination between affordable housing developers, the City, and partner agencies and tracking progress on the many initiatives identified in this Housing Element.
Complete by 2025
The City hired a Senior Housing Coordinator, a dedicated staff member to enact policies of the Housing Element.
Complete as of June 2024.
Policy HE-7.1
The Cupertino community places a high value on the excellent quality of education provided by the three public school districts that serve residents. To ensure the long-term sustainability of the schools, teachers, and faculty, in tandem with the preservation and development of vibrant residential areas, the City will continue to coordinate with the Cupertino Union School District (CUSD), Fremont Union High School District (FUHSD), and Santa Clara Unified School District (SCUSD) Ongoing
Staff will continue to coordinate with local school districts by forwarding development projects for comment and review.
Ongoing.
Policy HE-7.2
Coordinate efforts with regional organizations, including Association of Bay Area Governments (ABAG) and the Bay Area Air Quality Management District (BAAQMD), as well as neighboring jurisdictions, to address housing and related quality of life issues (such as air quality and transportation).
Ongoing
Staff will continue to coordinate with regional organizations such as Association of Bay Area Governments, the
Metropolitan Transportation Commission, Regional
CDBG/Housing Coordinators Group, and the Santa Clara
County Planning Collaborative, to address housing and related quality of life issues. Ongoing.
Policy HE-7.3 Promote public-private partnerships to address housing needs in the community, especialy housing for the workforce. Ongoing
Staff will continue to promote public-private partnerships to address workforce housing needs by engaging local employers and
private organizations. Ongoing.
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Jurisdiction Cupertino
Reporting Year 2024 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 HE-7.3.1 Coordinate
with Outside
Agencies and
Organizations
The City recognizes the importance of partnering with outside agencies and organizations in addressing local and regional housing issues. These may include, but are not limited to, the following:
School districts
De Anza College
Housing providers
Neighboring jurisdictions
Association of Bay Area Governments (ABAG)
Air Quality Management District
Housing Trust Silicon Valley
Santa Clara County Fair Housing Consortium
Santa Clara County HOME Consortium
Santa Clara County Continuum of Care (COC)
Housing Authority of Santa Clara County (HASCC)
Valley Transportation Authority (VTA)
Specifically, the City will meet with these agencies/organizations periodically to discuss the chan
ging needs, development trends, alternative approaches, and partnering opportunities.
Ongoing as
neccesary
Staff will continue to meet with local and regional agencies as neccesary throughout the planning period to ensure
consistency, integration, and best praticies are employed in city actions in relation to larger scale efforts. The City continues to regularly meet with and collaborate with other regional and local jurisdictions through the following
groups: the Association of Bay Area Governments, the
Santa Clara County Planning Collaborative, the Santa Clara County HOME Consortium, the Santa Clara County PLHA
Consortium, the Regional CDBG/Housing Coordinators
Group, the West Valley Housing/Unhoused Collaboration,
and the Inter-City Unhoused Response Collaborative.
Ongoing.
HE-7.3.2 Coordination
with Local School
Districts
To ensure the long-term sustainability of public schools, teachers, and faculty, in tandem with the preservation and development of vibrant residential areas, the City will coordinate biennially with the local school districts and colleges to identify housing needs and concerns. The City will discuss potential partnerships for affordable housing developments for school district employees and college students, including on school district properties, on a biannual basis. Depending on the outcome of these discussions with school districts and college leadership, the City will notify districts and partner developers about relevant funding opportunities as they become available, coordinate technical assistance on grant applications and offer other incentives.
Outreach biennially
Staff will conduct biennial outreach to local school districts to solicite feedback on the emerging needs of teacher and student housing and to identify new opportunities as they become available.
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community‐
development/docs/adequate‐sites‐checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehab ilitated, converted from non-affordable to affordable by acquisi tion, and preserved, including mobil ehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or ot her structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new hous ing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 00 00 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
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Jurisdiction Cupertino
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
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Jurisdiction Cupertino Note: "+" indicates an optional field Reporting Period 2024
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
357-11-030 10301 Byrne Avenue Residential 1 Surplus Land 0.3 Property surplused 7/7/2023.
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
23 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
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Jurisdiction Cupertino ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
YesDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
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CITY OF CUPERTINO
Agenda Item
25-13798 Agenda Date: 3/18/2025
Agenda #: 7.
Subject: Reaffirm amendments to the Cupertino City Council Procedures Manual (Continued from March 4, 2025 City Council Meeting)
Adopt Resolution No. 25-021 reaffirming amendments to the Cupertino City Council Procedures Manual CITY OF CUPERTINO Printed on 3/13/2025Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: March 18, 2025
Subject
Reaffirm amendments to the Cupertino City Council Procedures Manual Recommended Action
Adopt Resolution No. 25-__ reaffirming amendments to the Cupertino City Council Procedures Manual
Reasons for Recommendation
This item is intended to provide Council a final review of the precise language implementing the changes to the Cupertino City Council Procedures Manual adopted on March 4, 2025. It is not to intended reopen debate or allow the reconsideration of item previously approved
February 7, 2023, the City Council adopted Resolution No. 23- 021, approving the Cupertino City Council Procedures Manual. The adoption of the Procedures Manual addressed an identified deficiency in the City’s governance policies. The Manual includes rules and guidelines for communication, meeting management, decorum, and decision making. The Procedures Manual was subsequently amended in March 2024 (Resolution No. 24-024).
On February 4, 2025, the City Council conducted a study session to consider further revisions to the Procedures Manual and provided direction to the City Attorney’s Office to return to Council with proposed amendments to the Manual. Review of those proposed amendments were agendized for February 19, 2025, but were continued to the next City Council meeting on March 4, 2025.
On March 4, 2025, Council approved amendments to the Procedures Manual . F urther amendments were also reviewed and requested. Attached hereto is a new version of the Procedures Manual, showing the changes in redline of the amendments from February 4, as updated on March 4, 2025 with further changes and additions.
Consistent with the City Council’s March 4 direction, staff recommends that the City 445
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Council adopt the proposed Resolution ( Attachment B ) amending the Cupertino City Council Procedures Manual.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item:
N/A
CWP Item Description:
N/A
Council Goal:
Public Engagement & Transparency
California Environmental Quality Act
Not applicable.
Prepared by: Floy Andrews, City Attorney
Reviewed by: Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Redline of Cupertino City Council Procedures Manual implementing changed previously adopted
B – Proposed Resolution No. 25-
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RESOLUTION NO. 25-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
REAFFIRMING AMENDMENTS TO THE CUPERTINO CITY COUNCIL
PROCEDURES MANUAL
WHEREAS, on February 7, 2023, the Cupertino City Council adopted Resolution No. 23-021, adopting the Cupertino City Council Procedures Manual; and
WHEREAS, on March 19, 2024, the City Council adopted Resolution No. 24-024, amending the City Council Procedures Manual; and
WHEREAS, on March 4, 2025, the City Council approved amendments to the City Council Procedures Manual.
WHEREAS, on March 18, 2025, the City Council reaffirmed amendments to the City Council Procedures Manual.
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council hereby adopts the Cupertino City Council Procedures Manual, as amended, attached hereto as Exhibit A.
2. Resolution No. 24-024 and any other procedures, policies, or rules that are inconsistent with the Council Procedures adopted herein are hereby repealed and rescinded.
3. This Resolution shall take effect on March 19, 2025.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18
th day of March, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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Resolution No. 25-
SIGNED:
Liang Chao, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk
Date
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City of Cupertino
City Council Procedures
Manual
Attachments:
Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter 2.17
Effective Date:
March 18, 2025
Responsible Departments:
City Manager’s Office
Related Policies & Notes:
See Exhibits A–D.
1. Introduction
1.1 Purpose. The purpose of this Manual is to promote communication, understanding, fairness, and trust among the members of the City Council, City staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Cupertino.
1.2 Values. Courtesy and respect for individual points of view should be practiced at all times. All Councilmembers shall respect each other’s right to disagree. All Councilmembers shall act with decorum and courtesy.
1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.
1.4 No Cause of Action Against City. This Manual is intended to govern the internal policies and procedures. Violations of this Manual are enforceable solely through enforcement pursuant to Section 10. Nothing in this Manual is intended to give rise to a claim or cause of action against the City, or any City Councilmember or other City official.
2. Selection of the Mayor and Vice Mayor
2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December.
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2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such member ’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayor is removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers. shall be appointed from among the remaining three Councilmembers.
3. Councilmember Committees and Subcommittees
3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.
3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope of work and responsibilities. The committee ’s or subcommittee’s jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act.
3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council. 4 Other City Commissions and Committees
4.1 Responsibility. The Council will make appointments to City ’s commissions and committees. Qualifications to serve on commissions 450
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and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.
4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda.
4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Councilapproved Commission and Committee Handbook and a mandatory annual training session for all Commission and Committee members.
4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting. Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee.
Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee.
4.5 Removal. The City Clerk shall notify the City Council and make a recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner’s Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee.
4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before 451
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them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the commission’s recommendation as a member of the City Council.
Individual Councilmembers shall have the right to attend meetings of Cupertino commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations.
5. Administrative Matters
5.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty.
Councilmembers shall make a good faith effort to attend all such meetings. Council members shall notify the Mayor or the City Clerk if they will be absent from a meeting.
Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if five or more regular meetings are missed.
5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional.
5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City.
The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position. Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council. 452
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Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is sent to the primary representative.
5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.
5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials ’ Compensation Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City i
ssued hardware and software for the
conduct of official business pursuant to the Council Technology Policy (Exhibit B).
5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and antiharassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law and shall attend training on the Brown Act and Rosenberg ’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online a state
a
pproved public service ethics education program, or through a statea
pproved training which may be provided at a conference
attended by the member. The City Clerk shall keep ethics training records for five years.
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5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07 10
3 (Exhibit C).
The amount of the Mayor’s initiative budget is determined by the City Council.
6. Relationship with City Staff
6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City Manager and their staff under the Council M anager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.
6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. The City Manager provides professional expertise to manage the organization and carry out the Council’s direction. To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s policy direction through the daytod
ay management of City functions,
including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager ’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.
6.3 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.
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6.4 Individual Councilmember Influence on Staff Decisions Prohibited. Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.
6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council ’s policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation. While thorough vetting and criticism of staff policy recommendations or decisions is a necessary component of Council ’s policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks.
Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney.
6.6 Councilmember Access to Information. City Councilmembers have free access to the flow of any information related to the operation of the City. The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed. ’ A Councilmember may file a request for information by seeking information through a Public Records Act request to the same extent as any member of the public.
6.7 Authority of City Council. Nothing in this Manual shall limit the City Council’s power to accept, reject, amend, or otherwise guide and direct 455
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staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council.
7. Agendas and Staff Reports
7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may request that an item be added to a future agenda for Council action . The City Manager shall provide a quarterly report to Council regarding the status of future agenda items, which may include a request to remove items from the list of future agenda items. At the requestor’s discretion, the agenda request may also include additional information explaining the rationale for or timing of the agenda item. Under the “ Future Agenda Item s” section of each regular Council meeting agenda, the City Manager shall include a document listing all current future agenda requests.
7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney.
Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda.
7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager. If the agenda item includes any budget request or modification, the amount of the request or modification should be stated when possible. The brief description of the agenda item should be comprehensible by a typical resident. For example, an amendment to the Municipal Code should include a description of the amendment, rather than only the Code section to be amended; similarly, an item related to a development project should include not only the street address, but the common name of the project when appl icable. Where practicable, the second reading of an 456
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ordinance should have the same agenda title as the first reading.
7.4 Staff Reports. Staff reports should include the following sections:
1. Subject
2. Recommended Action
3. Executive Summary (optional)
2. Background
3. Reasons for Recommendation and Available Options
4. Sustainability Impact
5. Fiscal Impact
6. City Work Program Item
7. City Work Program Item Description
8. Council Goal
9. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were hel d and decisions were made on the item. Where applicable, maps and charts should be provided in the staff report for easy reference.
7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act.
7. 6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting. Council questions and staff p
repared responses will be
included in supplemental materials provided to Council and the public.
7. 7 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included with the Council agenda materials and made available to the public . Any written communications on items not on the agenda shall be included with the Council agenda materials 457
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and made available to the public if the sender requests that the communication be so included. Written communication received before 4:00 p.m. on the day of a regular City Council meeting will be posted by 5 :00 p.m. Written communication received after 4:00 p.m. on the day of the regular City Council meeting will be posted on the business day following the meeting.
8. Meeting Procedures
8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. Prior to the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday on Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall be published the prior Wednesday ; the meeting shall start at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings.
8.2 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting.
The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg’s Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present.
8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Closed Session Report
5. Ceremonial Items
6. Postponements and Orders of the Day
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8. Consent Calendar
9. Public Hearings
10. Action Calendar
11. Items Removed from the Consent Calendar
12. City Manager Report
13. Oral Communications (continued)
14. Councilmember Reports
15. Future Agenda Items
16. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on nonag
enda items may be given time
to speak at the end of the agenda, after the City Manager ’s report.
Councilmember Reports should focus on Council committee assignments and ceremonial appearances and may include other matters serving the constituents of the City.. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.
8. 4 Consent Calendar.
8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
8.4.2 Removing Item from Consent Calendar. Items may be removed from the consent calendar only by a member of the City Council. To facilitate an efficient meeting, advance notice to the City Manager and the City Clerk by 12:00 p.m. on the day of the City Council meeting or earlier is appreciated. Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar.
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8.4.3 Questions and Comments regarding Items on the Consent Calendar.
Councilmembers shall be given the opportunity to ask clarifying questions about, or make a brief comment about, an item on the consent calendar without being required to remove the item from the consent calendar.
8.5 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk ("blue card") or, where applicable, raise their hand in Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing a group of between two and five members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to two minutes per group member to speak, up to a total of 10 minutes to address the Council. Consolidation of time among speakers is not otherwise allowed. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act. Twice the speaking time will be provided to any member of the public who uses a translator.
8.6 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings.
Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda.
Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the 460
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public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting.
8.7 Conduct of Meetings
8.7.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. During public meetings, Councilmembers shall not text or otherwise communicate privately with any Public Official, as defined in the City’s Code of Ethics for Conduct for Elected and Appointed Officials, or with members of the public regarding matters relevant to items on the agenda
while on the dais.
8.7.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner
towards Councilmembers and members of the public.
8.7.3 Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that Councilmembers and City staff must accord to them. Any members of the public who engages in conduct that disrupts a City Council meeting shall be removed from the meeting.
Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.
8.8 Discussion and Deliberation
8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasij
udicial matter.
A quasi judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte
communication occurs when a Councilmember hearing a quasi 461
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judicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.
8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order. Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda. Arguments for or against a measure should be stated as concisely as possible.
8.8.3 Council Questions and Deliberations.
Councilmembers may obtain the floor by seeking
recognition from the Mayor. Following
presentations to Council on an agenda item,
Councilmembers shall each be given five minutes
to ask questions of any presenter. The Mayor may
allow additional time for questions where
appropriate. Following public comment, the
Mayor may request that a motion be made and
seconded. After the motion has been stated to the
Council and seconded, any member of the Council
has a right to discuss the motion after obtaining the
floor. A member who has been recognized shall
limit their time to five minutes. Councilmembers
may yield any unused speaking time during
Councilmember questions or deliberations to
colleagues who have already used their allotted
time. The Mayor may allow additional time for
deliberations where appropriate
to encourage
meaningful discussion and exchange of ideas. ’
8.8.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.
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its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks.
8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers.
8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. All meetings shall be adjourned at 11:30 p.m . unless by a vote of a majority of the City Council suspends this rule and Council votes affirmatively to extend the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.
8. 10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (nona
ppeal items) before the City Council shall
be as follows:
1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Applicant’s presentation (where applicable) (preferably 8 minutes)
4. Questions from the Council
5. Public comment
6. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
7. Close Public Hearing
8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:
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1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Appellant’s statement (preferably 8 minutes)
4. Applicant’s statement (where applicable) (preferably 8 minutes)
5. Questions from the Council
6. Public comment
7. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
8. Appellant’s response to public comment (preferably 2 minutes)
9. Close Public Hearing
10. City Council discussion and vote
8.11 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the immediate preservation of th e public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager. Nothing in this Section prevents the City Council from calling a special meeting during the recess period.
9. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager. Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney ’s designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. Any documents referenced or presented during closed 464
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sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.
10. Enforcement of Rules; Suspension of Rules. Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council. Any rule set forth in this Manual may be suspended by three votes of the Council. The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda.
11. Information Memoranda.
11.1 Staff Information Memoranda. Two Councilmembers may request an information memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.
11.2 Councilmembers Information Memoranda. Individual Councilmembers may prepare information memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction of the City Council that the Councilmember wishes to share with their fellow Councilmembers and the public, thereby enhancing transparency and accountability in City operations; provided however, that Councilmember memoranda shall not include confidential or deliberative information or communications or information protected by law from disclosure.
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City of Cupertino
City Council Procedures
Manual
Attachments:
Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter 2.17
Effective Date:
March 20, 2024F ebruary 20, 2025March 18, 2025
Responsible Departments:
City Manager’s Office
Related Policies & Notes:
See Exhibits A–D.
1. Introduction
1.1 Purpose. The purpose of this Manual is to promote communication, understanding, fairness, and trust among the members of the City Council, City staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Cupertino.
1.2 Values. Courtesy and respect for individual points of view should be practiced at all times. All Councilmembers shall respect each other’s right to disagree. All Councilmembers shall act with decorum and courtesy.
1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.
1.4 N o Cause of Action Against City. This Man ual is intended to govern the internal policies and procedures. Violations of this Manual are enforceable solely through enforcement pursuant to Section 10. Nothing in this Manual is intended to give rise to a claim or cause of action against the City, or any City Councilmember or other City official.
2. Selection of the Mayor and Vice Mayor
2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December. The Mayor and Vice Mayor shall not serve consecutive terms; provided, however, this provision shall not prevent the Vice 466
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Mayor from succeeding to the office of Mayor.
2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such member ’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayor is removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers. shall be appointed from among the remaining three Councilmembers.
3. Councilmember Committees and Subcommittees
3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.
3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope of work and responsibilities. The committee ’s or subcommittee’s jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act.
3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council. 4 Other City Commissions and Committees
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4.1 Responsibility. The Council will make appointments to City ’s commissions and committees. Qualifications to serve on commissions and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.
4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda.
4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Councilapproved Commission and Committee Handbook and a mandatory annual training session for all Commission and Committee members.
4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting. Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee.
Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee. Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council.
4.5 Removal. The City Clerk shall remove notify the City Council and make a recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner ’s Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee.
4.6 Undue Influence on Commissioners. Councilmembers should not 468
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attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the commission’s recommendation as a member of the City Council.
Individual Councilmembers shall have the right to attend meetings of Cupertino commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations.
5. Administrative Matters
5.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty.
Councilmembers shall make a good faith effort to attend all such meetings. Council members shall notify the Mayor or the City Clerk if they will be absent from a meeting.
Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if five or more regular meetings are missed.
5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional.
5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City.
The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be 469
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discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position. Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.
Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is sent to the primary representative.
5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.
5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials ’ Compensation Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City issu
ed hardware and software for the
conduct of official business pursuant to the Council Technology Policy (Exhibit B).
5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and antiharassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law and shall attend training on the Brown Act and Rosenberg ’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online 470
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a stateapproved public ser vice ethics education program, or through a stateapp
roved training which may be provided at a conference
attended by the member. The City Clerk shall keep ethics training records for five years.
5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07103 ( Exhibit C).
The amount of the Mayor’s initiative budget is determined by the City Council.
6. Relationship with City Staff
6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City Manager and their staff under the CouncilMan ager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.
6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. with tT he City Manager providesing the professional expertise to manage the organization and carry out the Council’s direction. To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s policy direction through the daytoday man agement of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager ’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.
6.3 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. In the event that any 471
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suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.
6.4 Individual Councilmember Influence on Staff Decisions Prohibited. Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.
6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council ’s policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation. While thorough vetting and criticism of staff policy recommendations or decisions is a necessary component of Council ’s policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks.
Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney.
6.6 Councilmember Access to Information. City Councilmembers have free access to the flow of any information related to the operation of the City. The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed. No Councilmember shall circumvent the City Manager ’s 472
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direction regarding a request for information by seeking information through a Public Records Act request . A Councilmember may file a request for information by seeking information through a Public Records Act request to the same extent as any member of the public.
6.7 Authority of City Council. Nothing in this Manual shall limit the City Council’s power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council.
7. Agendas and Staff Reports
7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may request that an item be added to a future agenda for Council action . The City Manager shall provide a quarterly report to Council regarding the status of future agenda items, which may include a request to remove items from the list of future agenda items. Any item may be removed for the future agenda items list by a majority vote of the City Council.At the requestor’s discretion, the agenda request may also include additional information explaining the rationale for or timing of the agenda item. Under the “ Future Agenda Items” section of each regular Council meeting agenda, the City Manager shall include a document listing all current future agenda requests.
7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney.
Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda.
7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include 473
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the recommendation of the City Manager. If the agenda item includes any budget request or modification, the amount of the request or modification should be stated when possible. The brief description of the agenda item should be comprehensible by a typical resident. For example, an amendment to the Municipal Code should include a description of the amendment, rather than only the Code section to be amended; similarly, an item related to a development project should include not only the street address, but the common name of the project when applicable. Where practicable, the second reading of an ordinance should have the same agenda title as the first reading.
7.4 Staff Reports. Staff reports should include the following sections:
1. Subject
2. Recommended Action
2.3. Executive Summary (optional)
2. Background
2.3. Reasons for Recommendation and Available Options
3.4. Sustainability Impact
5. Fiscal Impact
6. City Work Program Item
7. City Work Program Item Description
4.8. Council Goal
9. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were hel d and decisions were made on the item. Where applicable, maps and charts should be provided in the staff report for easy reference.
7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act.
7.6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials received by the City Clerk after 12:00 p.m. on 474
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Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting. Council questions and staff pr
epared responses will be
included in supplemental materials provided to Council and the public.
7.7 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included with the Council agenda materials and made available to the public . Any written communications on items not on the agenda shall be included with the Council agenda materials and made available to the public if the sender requests that the communication be so included. Written communication received before 4:00 p.m. on the day of a regular City Council meeting will be posted by 5 :00 p.m. Written communication received after 4:00 p.m. on the day of the regular City Council meeting will be posted on the business day following the meeting.
8. Meeting Procedures
8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. Prior to the second regular meeting in January, At the second regular meeting in January, t Tthe City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday on Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall be published the prior Wednesday; the meeting shall start at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings .
8.2 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting.
The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg’s Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present. 475
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8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Closed Session Report
5. Ceremonial Items
6. Postponements and Orders of the Day
7. Oral Communications (public comment on nonag enda matters)
8. Consent Calendar
9. Public Hearings
10. Action Calendar
11. Items Removed from the Consent Calendar
12. City Manager Report
13. Oral Communications (continued)
14. Councilmember Reports
15. Future Agenda Items
16. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on nonag
enda items may be given time
to speak at the end of the agenda, after the City Manager ’s report.
Councilmember Reports should focus on Council committee assignments and ceremonial appearances and may include other matters serving the constituentsinformation relevant to matters within the jurisdiction of the City.
Council. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.
8.4 Consent Calendar.
8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. Upon the motion of any member of the 476
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City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
8.4.2 Removing Item from Consent Calendar. Items may be removed from the consent calendar only by a member of the City Council. To facilitate an efficient meeting, advance notice to the City Manager and the City Clerk by 12:00 p.m. on the day of the City Council meeting or earlier is appreciated. Any member of the City Council who would like to remove any item from the consent calendar shall notify the City Manager and the City Clerk no later than 12:00 p.m. on the day of the City Council meeting. A request to remove a consent calendar item shall be made in writing and shall state the reason for removing the item from the consent calendar. Items may be removed from the consent calendar after 12:00 p.m. on the day of the City Council meeting only by a majority vote of the Council. Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar.
8.4.28.4.3 Questions and Comments regarding Items on the Consent Calendar. Councilmembers shall be given the opportunity to ask clarifying questions about, or make a brief comment about, an item on the consent calendar without being required to remove the item from the consent calendar.
8.5 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk ("blue card") or, where applicable, raise their hand in Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing a group of between five or more two and fiveor more members of the public in attendance and wishing to comment on the 477
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item but electing not to speak, the speaker may have up to two minutes per group member to speak, up to a total of 10 minutes, to address the Council. Consolidation of time among speakers is not otherwise allowed.
If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act. Twice the speaking time will be provided to any member of the public who uses a translator.
8.6 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings.
Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda.
Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting.
8.7 Conduct of Meetings
8.7.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. During public meetings, Councilmembers shall not text or otherwise communicate privately with any Public Official, as defined in the City’s Code of Ethics for Conduct for Elected and Appointed Officials, or with members of the public regarding matters relevant to items on the agenda while on the dais..
8.7.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner
towards Councilmembers and members of the public.
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8.7.3 Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that Councilmembers and City staff must accord to them. Any members of the public who engages in conduct that disrupts a City Council meeting shall be removed from the meeting.
Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.
8.8 Discussion and Deliberation
8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasij
udicial matter.
A quasi judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte
communication occurs when a Councilmember hearing a quasi j
udicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.
8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order. Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda. Arguments for or against a measure should be stated as concisely as possible.
8.8.3 Council Questions and Deliberations.
Councilmembers may obtain the floor by seeking
recognition from the Mayor. Following
presentations to Council on an agenda item,
Councilmembers shall each be given five minutes
to ask questions of any presenter. The Mayor may
allow additional time for questions where
appropriate. Following public comment, the
Mayor may request that a motion be made and
seconded. After the motion has been stated to the
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Council and seconded, any member of the Council
has a right to discuss the motion after obtaining the
floor. A member who has been recognized shall
limit their time to five minutes , but may reserve
any portion of their time for further questions or
deliberations, as applicable, by advising the Mayor
before yielding the floor . Councilmembers may
yield any unused s peaking time during
Councilmember questions or deliberations to
colleagues who have already used their allotted
time. The Mayor may allow additional time for
deliberations where appropriate to encourage
meaningful discussion and exchange of ideas. This
rule shall displace any conflicting rule in the City’s
adopted rules of procedure.
8.8.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.
8.8.5 Civility. While it is appropriate to vigorously debate a motion, its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks.
8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers.
8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and 480
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shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. All meetings shall be adjourned at 11:30 p.m . unless by a vote of a majority of the City Council suspends this rule and Council votes affirmatively to extend the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.
8. 10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (nona
ppeal items) before the City Council shall
be as follows:
1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Applicant’s presentation (where applicable) (preferably 8 minutes)
4. Questions from the Council
5. Public comment
6. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
7. Close Public Hearing
8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:
1. Open Public Hearing
2. Staff Report (preferably 10 minutes)
3. Appellant’s statement (preferably 8 minutes)
4. Applicant’s statement (where applicable) (preferably 8 minutes)
5. Questions from the Council
6. Public comment
7. Applicant’s response to public comment (where applicable) (preferably 2 minutes)
8. Appellant’s response to public comment (preferably 2 minutes)
9. Close Public Hearing
10. City Council discussion and vote
8.11 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the 481
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immediate preservation of th e public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager. Nothing in this Section prevents the City Council from calling a special meeting during the recess period.
9. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager. Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney ’s designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. Any documents referenced or presented during closed sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.
10. Enforcement of Rules; Suspension of Rules. Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council. Any rule set forth in this Manual may be suspended by three votes of the Council. The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda.
11. Information Memoranda.
11.1 Staff Information Memoranda. Two Councilmembers may request an information memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.
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11.2 Councilmembers Information Memoranda. Individual Councilmembers may prepare information memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction of the City Council that the Councilmember wishes to share with their fellow Councilmembers and the public, thereby enhancing transparency and accountability in City operations; provided however, that Councilmember memoranda shall not include confidential or deliberative information or communications or information protected by law from disclosure.
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CITY OF CUPERTINO
Agenda Item
24-13169 Agenda Date: 3/18/2025
Agenda #: 8.
Subject: Receive Citywide Policy Inventory; Authorize Gap Analysis Final Report and Review the City Council Policy Inventory
1. Receive the Citywide Policy Inventory and Gap Analysis Report
2. Review the City Council Policy Inventory and authorize Moss Adams LLP (“Moss Adams”) to include gap analysis as part of the FY 2025-26 Internal Audit Work Plan CITY OF CUPERTINO Printed on 3/13/2025Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: March 18, 2025
Subject
Citywide Policy Inventory and Gap Analysis Final Report and City Council Policy Inventory
Recommended Action
1. Receive the Citywide Policy Inventory and Gap Analysis Report
2. Review the City Council Policy Inventory and authorize Moss Adams LLP (“Moss Adams”) to include gap analysis as part of the FY 2025-26 Internal Audit Work Plan
Reasons for Recommendation
Background
An inventory of Citywide Administrative and Council policies was included as a project in the Fiscal Year 2023- 24 Council Work Program item to “Repeat the 2013 process of compiling and reviewing all City Policies including 1) Administrative and 2) Council policies and provide recommendations/updates .” The City’s internal auditor, Moss Adams, previously conducted an inventory and gap analysis of the city's fiscal policies as part of their FY 2021-22 Internal Audit Workplan. Building on this, staff recommended that Moss Adams review the citywide administrative policies as part of their FY 2023-24 Internal Audit Workplan while city staff inventory the Council policies . The FY 2023-24 Internal Audit Workplan was approved by the Audit Committee on July 24, 2023, and the Council on September 19, 2023. This work was identified in the workplan by both the Audit Committee and City Council.
The Citywide policy inventory and gap analysis audit focused on administrative policies, which are more operationally focused such as Travel Policy, Intranet Policy, and Pool Vehicle Use Polic y. Citywide Administrative Policies and Procedures ( P&Ps) are reviewed and approved by the City Manager and department-specific P&Ps are reviewed and approved by the respective Department Head. It is important to note that Moss Adams’ policy gap analysis did not include Council P&Ps and P&Ps adopted by Council Resolution, due to a current list of policies not available to conduct a gap analysis.
Council
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approved P&Ps typically cover specific topics of interest to the Council such as Legislative Advocacy Policy, Ethics Policy, Sister City-Friendship Policy, etc.
To create an inventory of Council policies, Administrative Services staff collaborated with the City Manager’s Office, City Attorney’s Office, and Innovation Technology staff. They compiled a list of existing Council policies, which is included as Attachment B , covering policies from 1955 through January 2025.
Although staff created an inventory of Council policies, a significant amount of additional staff time would be required to analyze the effectiveness and relevance of each policy, whether the policy has been rescinded, amended or otherwise moot, as well as analyze, evaluate and determine risk categories. Staff is recommending that Moss Adams review the Council policy inventory and conduct a gap analysis to provide recommendations and updates as part of the FY 2025-26 Internal Audit Work Plan.
Since FY 2021-22, Moss Adams has served as the designated Internal Auditor for the City of Cupertino (“City”) and conducts projects focused on:
• Risks
• Internal controls
• Efficiency and effectiveness
• Best practices
• Compliance
As described in the internal audit charter, the Internal Auditor is appointed by and reports to the Audit Committee and Council. The Audit Committee and Council approve the annual audit work plan, review audit report findings and recommendations, and monitor the implementation of recommendations.
FY 2023-24 Internal Audit Work Plan
Moss Adams develops an internal audit work plan to guide activities for each fiscal year.
The Audit Committee and City Council approved the FY 2023-24 internal audit work plan, which included the following projects:
• FY 2023-24:
o Ongoing Internal Audit Services
o Enterprise Risk Assessment
o Citywide Policy Review and Gap Analysis
The FY 2023-24 work plan was approved by the Audit Committee on July 24, 2023, and the City Council on September 19, 2023.
Project Summary
The goals of this project were to:
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• Determine which Citywide departments are adequately covered by comprehensive and current P&Ps
• Identify the gaps within each policy, including areas where:
o There were no documented policies to support departmental functions o Existing policies that are outdated or in need of minor updates or additions, and
o Current internal control or gap coverage is missing key components • Prioritize policy gaps based on overall risk and develop an implementation plan to provide the City with recommendations for prioritizing and addressing identified policy gaps
Moss Adams’ analysis on Citywide administrative policies and procedures was conducted between November 2023 and November 2024 and consisted of the following phases:
Citywide Administrative P&P Inventory
• Obtained all available P&P documents
• Documented a full in ventory of existing P&Ps, including a summary of the coverage areas and age of each P&P
• Discussed with City staff the full inventory of results to ensure that all P&Ps were provided and included in the inventory for each department
Citywide Administrative P&P Gap Analysis
o Identified potential gaps in coverage for the current departmental P&Ps o Assessed the current departmental P&Ps for opportunities to improve the overall content and flow/structure, incorporate best practices, and improve internal controls, where possible, to provide effective resources for employees o Summarized the gaps identified for all policies within the gap analysis o Categorized the significance and extent of the identified gaps as follows: full gaps, major gaps, or minor gaps
o Identified policies that need to be reviewed for potential updates
Project Results
Based on the results of the Citywide administrative P&P inventory and gap analysis performed, Moss Adams developed detailed recommendations, by department, for the City to use as a road map for developing, amending, or updating policies. Moss Adams assigned a risk level (high, medium, or low), and a recommended priority order by phase based on the risk level.
The assessed risk levels recommended phases/timing for addressing gaps and recommendations are summarized by department in the table below:
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Department Associated Risk Level1 Management Response
Administrative Services High Risk – 0
Medium Risk – 1
Low Risk - 16
Agree
City Manager’s Office High Risk – 0
Medium Risk – 6
Low Risk - 8
Agree
Community Development High Risk – 0
Medium Risk – 1
Low Risk - 5
Agree
Innovation and
Technology
High Risk – 0
Medium Risk – 4
Low Risk - 4
Agree
Law Enforcement High Risk – N/A
Medium Risk – N/A
Low Risk – N/A
Agree
Parks and Recreation High Risk – 0
Medium Risk – 3
Low Risk - 1
Agree
Public Works High Risk – 1
Medium Risk – 3
Low Risk - 30
Agree on policy update, but
staff is currently evaluating
the timelines and may require
additional time to complete
certain policies
Management Response
Management agrees with the observations and recommendations. Staff will work on updating P&Ps as needed per the final audit report. Progress updates will be provided as part of Moss Adams’ quarterly Internal Audit Status Updates.
Audit Committee
The Citywide Policy Inventory and Gap Analysis report was presented twice to the Audit Committee, once on October 31, 2024, and again on November 25, 2024, as Audit Committee’s duties and responsibilities outlined in the Municipal Code include “ to review internal audit reports.” On October 31, 2024, the Audit Committee (3-0-2) reviewed and accepted the report. Subsequent to the report being received by the Audit Committee, staff discovered that four policies were inadvertently placed in the administrative
1 High – Phase 1 (within 6 months of fiscal year end through June 2025)
Medium – Phase 2 (within 12 months of fiscal year end through Dec 2025)
Low – Phase 3 (within 18 months of fiscal year end through Dec 2025) 488
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category when staff submitted administrative policies to Moss Adams. These include Records Retention, Sponsorship, Trusted Electronics System and Naming of City Facilities. As a result, staff reached out to Moss Adams to revise the report and remove the four Council adopted policies from the inventory. Therefore, a revised Citywide Policy Inventory and Gap Analysis report was presented to the Audit Committee again on November 25, 2024. The Audit Committee (3-0-2) reviewed and accepted the report. The revised final report is included as attachment A.
The Council policies were not presented to Audit Committee as they were not a part of Moss Adams’ audit workplan but were completed by staff as part of the City Council Work Program.
City Council Policy Audit
Administrative Services staff worked with City Manager’s Office and City Attorney’s Office staff to determine an inventory of existing City Council policies. These policies were then cross-referenced with Legistar, the City’s records management system, to determine if all policies had been captured. To expand the search of policies, the Innovation Technology Department also developed a platform that leveraged machine learning to enable staff to thoroughly search for resolutions and ordinances dating back to 1955. Without this tool, a significant amount of staff time would be necessary to locate almost 70 years’ worth of documents. As explained in the Next Steps section, these documents could be analyzed as part of a Council policy gap analysis.
Council policies are within the purview of City Council. Staff completed an inventory of the policies as part of the City Work Program item. Policies are included in Attachment B. No risk levels are included.
Next Steps
Administrative Policies - Staff will begin working on implementing the report’s recommendations on administrative policies consistent with prior internal audit recommendations. Internal audit status reports are available on the City’s website at cupertino.org/internal-audit.
City Council Policies - This report completes the City Work Program item. Should Council desire additional work to review and/or update any Council policies , staff is recommending that Moss Adams review the City Council policy inventory and conduct a gap analysis to provide recommendations and updates as part of the FY 2025-26 Internal Audit Workplan.
Sustainability Impact
No sustainability impact.
Fiscal Impact
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No fiscal impact. The City’s Internal Audit contract is included in the contracts category of the accounting program in the FY 2023-24 and FY 2024-25 Adopted Budgets. City Council policy inventory was completed by staff within existing appropriations. Should Council approve Moss Adams to conduct a gap analysis of Council policies as part of the FY 2025-26 Internal Audit Workplan, the project estimate would be $40,000.
City Work Program (CWP) Item:
Yes, Whole City Policy Review.
CWP Item Description:
Repeat the 2013 process of compiling and reviewing all City Policies including 1) Administrative and 2) Council policies and provide recommendations/updates.
Council Goal:
Public Engagement and Transparency.
Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Toni Oasay-Anderson, Senior Management Analyst Reviewed by: Kristina Alfaro, Director of Administrative Services Reviewed by: Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Citywide Policy Inventory and Gap Analysis Report
B – City Council Policy Inventory
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FINAL REPORT
City of Cupertino
CITY -WIDE POLICY INVENTORY AND GAP ANALYSIS
November 21, 2024
Moss Adams LLP
999 Third Avenue, Suite 2800
Seattle, WA 98104
(206) 302-6500
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Table of Contents
Background, Scope, and Methodology 1
A. Background 1
B. Scope and Methodology 1
Overall Results 4
Prioritized P&P Work Plan 5
A. Administrative Services 5
B. City Manager’s Office 5
C. Community Development 6
D. Innovation and Technology 6
E. Law Enforcement 7
F. Parks and Recreation 7
G. Public Works 8
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BACKGROUND, SCOPE, AND METHODOLOGY
The City of Cupertino (the City) requested that Moss Adams LLP (Moss Adams), as the City’s internal auditor, perform an inventory of Citywide Administrative policies and procedures (P&Ps) and provide a gap analysis to determine whether gaps in coverage exist, and develop a prioritized P&P work plan to support the City in addressing identified gaps. The objectives of this project were to:
Determine which Citywide departments are adequately covered by comprehensive and current P&Ps.
Identify the gaps within each policy, including areas where:
○ There were no documented policies to support departmental functions ○ Existing policies that are outdated or in need of minor updates or additions, and; ○ Current internal control or gap coverage is missing key components. Prioritize policy gaps based on overall risk and develop an implementation plan to provide the City with recommendations for prioritizing and addressing identified policy gaps.
This engagement was performed in accordance with Standards for Consulting Services established by the American Institute of Certified Public Accountants. Accordingly, we provide no opinion, attestation, or other form of assurance with respect to our work o r the information upon which our work is based. This report was developed based on our assessment of the City’s departmental Administrative P&Ps we requested as of October 2023, however, some departments required additional time to provide all P&Ps and therefore, P&Ps were received up through June 2024. The procedures we performed do not constitute an examination in accordance with generally accepted auditing standards or attestation standards.
The scope of this project included Administrative P&Ps in each of the following City departments:
Administrative Services
City Manager’s Office
Community Development
Innovation and Technology
Law Enforcement
Parks and Recreation
Public Works
○ Capital Improvement Program
The scope does not include the City’s finance and accounting functional areas, which were addressed in our report titled “Fiscal Policy Inventory and Gap Analysis” from May 2022 . The scope also does not include City Council P&Ps and P&Ps adopted by Council Resolution, which are more legislative in nature compared to the in-scope Administrative P&Ps, which are more operationally 493
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focused. Citywide Administrative P&Ps are reviewed and approved by the City Manager and department-specific P&Ps are reviewed and approved by the respective Department Head.
All Administrative P&Ps available as of October 2023 through June 2024 were provided to Moss Adams to assess as part of this project. Other P&P documents, informal process documentation, or guideline documents that are not approved formal P&Ps at the City level may exist; however, they were not included in this analysis and are therefore not included in the results presented in this report.
The procedures performed included:
Citywide P&P Inventory
We worked with the City to determine that the following departments would be included in the scope of this project:
○ Administrative Services
○ City Manager’s Office
○ Community Development
○ Innovation and Technology
○ Law Enforcement
○ Parks and Recreation
○ Public Works
− Capital Improvement Program
For each department, we performed the following:
○ Obtained all available P&P documents.
○ Documented a full inventory of existing P&Ps, including a summary of the coverage areas and age of each P&P.
○ Discussed the full inventory of results with the City to ensure that all P&Ps were provided and included in the inventory for each department listed above.
Citywide P&P Gap Analysis
We performed a full gap analysis of departmental P&Ps including:
○ Identifying potential gaps in coverage for the current departmental P&Ps. ○ Assessing the current departmental P&Ps for opportunities to improve the overall content and flow/structure, incorporate best practices, and improve internal controls, where possible, to provide effective resources for employees.
○ Summarizing the gaps identified for all policies within the gap analysis. ○ Categorizing the significance and extent of the identified gaps as follows: full gaps, major gaps, or minor gaps. Additionally, we identified policies that need to be reviewed for potential updates.
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Prioritized P&P Work Plan Development
Based on the results of the P&P inventory and gap analysis performed, we developed detailed recommendations, by department, for the City to use as a road map for developing, amending, or updating policies. We assigned a risk level (high, medium, or low), as described in the following table, and a recommended priority order by phase based on the risk level. We discussed the prioritized policies work plan with management, gathered input on the work plan, and made updates, as appropriate.
Gaps identified during the analysis were categorized as follows:
Full Gap: Documented P&Ps do not exist for the area.
Major Gap: Some P&P documentation exists; however, there are major gaps in overall coverage. Minor Gap: P&Ps cover most of the key areas but require some updating or additional coverage . Update Needed: The P&P needs to be reviewed for potential updates.
The assessed risk level, category descriptions, and recommended phases/timing for addressing the gaps and related recommendations are described in the following table. The risk levels were assigned based on our understanding of the City, insights gained from management, the inherent risk in each area, and the level and significance of gaps identified.
Assessed
Risk Level Category Description
Recommended
Phase/Timing
High Risk ● Area is inherently high risk
● Gaps identified were either full gaps (i.e., no P&P coverage) or major gaps
● Area is a high priority for the City’s operations and structure Phase One
(within 6 months of
fiscal year end –
June 2025)
Medium Risk ● Area is inherently high or medium risk; however, a lack of documented P&Ps may only represent a medium risk to the City ● Gaps identified were either full gaps or major gaps
● Area is a high priority for the City’s operations and structure Phase Two
(within 12 months
of fiscal year end –
December 2025)
Low Risk ● Area is inherently low risk
● Gaps identified were either minor in significance or magnitude, or the area only needed review or updating
● Area is a low priority for the City’s operations and structure Phase Three
(within 18 months
of fiscal year end –
June 2026)
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OVERALL RESULTS
Throughout the P&P inventory and gap analysis, we found that the Citywide departments have a variety of P&P documents; however, they are not consistently utilized, structured, or based on standard templates Citywide.
The City does not have a defined Citywide P&P framework and, as a result, in many cases it was unclear what level of policy a document fell under or whether a P&P was a policy, memorandum, or standard operating procedure.
In addition, the City does not have a standard template/format and there does not appear to be a structure for ensuring all policies are supported by underlying procedures .
Utilizing a defined P&P framework with standard templates will help streamline the City’s P&P resources. This framework can be used to define responsibilities at both the City Council and management level.
After completing the policy and procedure gap analysis f or the Law Enforcement Department we were informed that given that they contract with Santa Clara Sheriff’s Office the City’s policies and procedures are not public record and could not be provided. As we were not able to review these policies, we recommend that the City assess whether the policies cover the topics detailed below. In the Prioritized P&P Work Plan, we have marked the Type of Gap, Associated Risk, and Recommended Priority Level columns as “N/A” as the City will need to perform this assessment.
The City can utilize the Prioritized P&P Work Plan, presented in the following section, to carry out their efforts in developing and updating their Citywide P&Ps. In addition to the following summary table, we have provided management with a detailed Prioritized P&P Work Plan, which includes all results from the inventory and gap analysis performed and detailed recommendations by area. 496
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PRIORITIZED P&P WORK PLAN
Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Vehicle Use Policy Minor Gap Medium 2
Anti-Bullying Policy and Signature Sheet Update Needed Low 3 Children in the Workplace Policy Updated Needed Low 3
Debt Management Policy Update Needed Low 3
Employee Events Minor Gap Low 3
Employee Service – Retirement Awards
Policy
Minor Gap Low 3
Hiring Retired Annuitants Policy Update Needed Low 3
Interim Parking Policy Update Needed Low 3
Rec Bucks Program Policy Update Needed Low 3
Reclass Policy Update Needed Low 3
Return to Work Policy Update Needed Low 3
Risk Management Policy Update Needed Low 3
Salary Admin Procedures Update Needed Low 3
Surety Deposit Policy Update Needed Low 3
Travel Policy Update Needed Low 3
Unclaimed Property Update Needed Low 3
Volunteer Intern Process Policy Update Needed Low 3
Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Candidate Restriction on Campaign Activity Minor Gap Medium 2 Redaction Policy Minor Gap Medium 2
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Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Social Media Policy Minor Gap Medium 2
Business Cards for Councilmembers,
Commissioners, and Staff
Minor Gap Low 3
City Hall Meeting Room Use Policy Minor Gap Low 3
Council Orientation Guidelines Update Needed Low 3
Employee and City Officer Restrictions -
Political Activities
Update Needed Low 3
News Media Contact Relations Policy Update Needed Low 3 Outgoing Mayor & Councilmember Gifts
Policy
Update Needed
Low 3
Telephone Etiquette Policy Minor Gap Low 3
Policy Name Type of Gap Associated Risk
Recommended
Priority Level
New Planning Employee Training Manual Minor Gap Medium 2 Comparison Matrix for Existing and New
Construction
Minor Gap Low 3
Plans Required to be Prepared Minor Gap Low 3
Protection of Wiring during Construction Minor Gap Low 3 Reinspection Fee Policy Minor Gap Low 3
Temporary Certificate of Occupancy
Procedure
Minor Gap Low 3
Survey Policy No Gap N/A N/A
Policy Name Type of Gap Associated Risk
Recommended
Priority Level
City Channel Policies and Procedures Update Needed Medium 2 Intranet Policy Update Needed Medium 2
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Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Photo Identification Policy Update Needed Medium 2
Technology Use Policy Minor Gap Medium 2
Email Retention Policy Update Needed Low 3
Electronic Communications Policy Minor Gap Low 3
Internet Access and Use Policy Minor Gap Low 3
MS Teams Governance Update Needed Low 3
Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Arrest and Detention Policy and
Procedures
N/A N/A N/A
Bias-Free Policing Policy and Procedures N/A N/A N/A
Complaints and Discipline Policy and
Procedures
N/A N/A N/A
Reporting and Accountability Policy and
Procedures
N/A N/A N/A
Training and Professional Development
Policy and Procedures
N/A N/A N/A
Use of Force Policy and Procedures N/A N/A N/A
Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Cupertino Senior Center Internal Policies Update Needed Medium 2 Front Office Rental Policies and
Procedures
Minor Gap Medium 2
Sport Center Sign Policy Update Needed Medium 2
Community Special Events in Memorial
Park Approved
Update Needed
Low 3
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Policy Name Type of Gap Associated Risk
Recommended
Priority Level
Capital Improvement Program: Capital
Improvement Policy
Major Gap High 1
Paper Procurement Policy Minor Gap Medium 2
Polychlorinated biphenyls (PCB) Demo
Management Policy
Minor Gap Medium 2
Pool Vehicle Use Minor Gap Medium 2
Banner Policy Update Needed Low 3
Bicycle Commute Policy Update Needed Low 3
Building Exteriors and Bridge Maintenance Update Needed Low 3 Complete Street Policy Update Needed Low 3
Compost Site Operations Update Needed Low 3
Dark Traffic Signal Policy Update Needed Low 3
Dedication Requirement Policy Update Needed Low 3
Emergency Response Update Needed Low 3
Environmental Preferred Purchasing Policy Update Needed Low 3 Impervious Material in Parkstrip Update Needed Low 3
Integrated Pest Management Policy Update Needed Low 3
Key Policy Update Needed Low 3
Maint. Of City Medians Update Needed Low 3
Monitoring Wells Policy Update Needed Low 3
Opening/Closing City Parks Update Needed Low 3
Parkstrip Policy Update Needed Low 3
Public Works Confirmation Fee Update Needed Low 3
Record Keeping - Spraying Chem.
Application Training
Update Needed Low 3
Road Improvement Requirement Policy Update Needed Low 3 500
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Policy Name Type of Gap Associated Risk
Recommended
Priority Level
School Sites Update Needed Low 3
SOP Fleet 2000 Update Needed Low 3
Steel Plate Requirements for Excavations
in the Public ROW
Update Needed Low 3
Stormwater Re-Inspection Fee Update Needed Low 3
Street and Easement Vacations Update Needed Low 3
Street Name Policy Update Needed Low 3
Street Lighting Systems Update Needed Low 3
Street Signs & Markings Update Needed Low 3
Street Tree maintenance Update Needed Low 3
Weekend Work Furlough Program Update Needed Low 3
Work Zone Traffic Control Update Needed Low 3
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City Council Policy Inventory
1 CC Ordinance No. 006 Creating Procedural Rules and Providing for Adoption of New Rules 2 CC Ordinance No. 28 Relating to Civil Defense and Disasters 3 CC Ordinance No. 39 License, Bonding and Regulation of Regurlarly Engaged Auctioneers with Fixed Place of Business within the City
4 Ordinance No. 50 A Policy in the Matter of Storm Drainage Contribution by Developers and Subdividers 5 CC Ordinance No. 48 Providing for the Purchase of Supplies and Equiptment 6 CC Ordinance No. 44 Franchise and Privleges to any Person or Corporation 7 CC Ordinance No. 089 Regulating the Erection, Contruction, Repair, Alteration, Location and Maintenance of Signs within the City
8 CC Ordinance No. 002a revised Amending Ordinaince No. 002 and Providing for Procudures in the Matter of Site Approval Permits
9 Ordinance No. 475 Emergency Organizations amd Functions and Repealing Odinance N0. 28 of the City of Cupertino
10 CC Resolution No. 3357 Amending the Rules as Established Under the Provisions of the Personnel Code 11 CC Resolution No. 3289 Authorizing the Filing of a Request for Exception to the General Wage and Salary Standards of the Pay Board
12 CC Resolution No. 3272 Amending Resolution No. 1545 which established the Policy in the Matter of Furnishing City Water
13 CC Resolution No. 3592 Adopting Amendment to the 1964 General Plan Concerning the Land Use Element for the Core Area
14 CC Resolution No. 3743 A Policy of Personalized Compensation as part of the Management Compensation Program
15 CC Resolution No. 3721 Adopting Statements of Policy Relating to City Treasury Functions 16 CC Resolution No. 3695 Amending Sections 10.10 and 10.11 of the Rules on Conditions of Employment 17 CC Resolution No. 3833 Adopting an Affirmative Action Plan for the City of Cupertino 18 CC Resolution No. 4013 Amending the Rules on Conditions of Employment 19 CC Resolution No. 3996 Adopting Guidelines for Designation of Bank as Depository For City's Commercial Account
20 CC Resolution No. 3934 Setting Forth the Building Permit System 21 CC Resolution No. 3904 Amending the Environmental Assessment Procedure as Originally Adopted in March 27, 1973 and amended on March 4, 1974
22 CC Resolution No. 4324 Adopting a Conflict of Interest Code Applicable to the Members of the City Council 23 CC Resolution No. 4210 Amending Policy Number Seven of the Management Compensation Program 24 CC Resolution No. 4160 A Policy Regarding the Provision of Below-Market Housing 25 CC Resolution No. 4384 Adopting Local Guidelines Relating to Relocation Assistance and Real Property Acquisition
26 CC Resolution No. 4366 Amending the Environmental Assessment Procedure 29 CC Resolution No. 4217 Amending Policy Number Nine of the Management Compensation Program 31 CC Resolution No. 4128 Adopting an Interim Policy Regarding the Issuing of Building Permits 32 CC Resolution No. 4092 Establishing a Suggestion Award Program 33 CC Resolution No. 4429 A Policy of Regulations and Guidelines for the use of McClellan Ranch Park 34 CC Resolution No. 4422 Adopting Master Storm Drainage Fee Policy and Establishing Maximum Unit Prices 35 CC Resolution No. 4697 Adopting Policy Regarding the Design and Timing of Street Improvements for Stevens Creek
36 CC Resolution No. 5330 Amending the Management Compensation Program 503
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37 CC Resolution No. 5939 Amending Resolution No. 3721 Adopting Statements of Policy Relating to City Treasury Functions
38 CC Resolution No. 6373 Amending the Management Compensation Program 39 CC Resolution No. 6275 City Policy of Annexation of Inhabited Property as it Applies to the Creston Area 40 CC Resolution No. 6595 A Policy Which States the Below Market Rate Housing Requirements for Retirement Facilities
41 CC Resolution No. 7234 Amending the Management Compensation Program 42 CC Resolution No. 7778 Adoption of Procedures to Implement the Negligent Driving Under the Influence and Intentional Wrongful Conduct
43 CC Resolution No. 8378 Adopting an Alcohol and Drug Abuse Policy 44 CC Resolution No. 8357 Recinding Resolution No. 8055 and Establishing Rules Governing Recruitment, Appointment and Reappointment of City Advisory Bodies
45 CC Resolution No. 8542 Revising City's Investment Policy 46 CC Ordinance No. 1555 Establishing Permit Procedures for the Siting of Off Site Hazardous Waste Facilities 47 CC Resolution No. 8368 Rescinding Resolution 7778 Adoption of Procedures to Implement the Negligent Driving Under the Influence
48 CC Resolution No. 8466 Amending the Environmental Assessment Procedure 49 CC Resolution No. 8529 Adopting Investment Policy
50 CC Resolution No. 8546 Rescinding Resolution 8368 Adoption of Procedures to Implement the Negligent Driving Under the Influence
51 CC Resolution No. 8594 Authorizing Execution of Deferred Compensation Plan, Part-time Seasonal Temporary Employees
52 CC Resolution No. 8592 Adopting a Disability Discrimination Policy and Complaint Procedure 53 CC Resolution No. 8605 Recinding Resolution No. 6513 & 6730 and adopting Comflict of Interest Code for Officials and Designated Employees
55 CC Resolution No. 8790 Rescinding Resolution No. 8357 and Establishing Rules Governing Recruitment 56 CC Resolution No. 8796 Adopting Investment Policy
57 CC Resolution No. 8805 Establishing an Americans With Disabilities Act Transition Plan - Facilities 58 CC Resolution No. 8819 Rescinding Resolution No. 8790 and Establishing Rules Governing Recruitment, Appointment, and Reappointment to City Advisory Bodies
59 CC Resolution No. 8828 Rescinding Resolution No. 8819 and Establishing Rules Governing Recruitment, Appointment, and Reappointment to City Advisory Bodies
60 CC Resolution No. 8931 Adopting a Regulation Pertaining to Special Claims Procedures 61 CC Resolution No. 9234 Approving Employee Transportation Program Policy 62 CC Resolution No. 9218 Rescinding Resolution No. 9194 and Adopting the Conflict of Interest Code for Officials and Designated
63 CC Resolution No. 9194 Rescinding Resolutions 6513, 6730 and 8605 and Adopting the Conflict of Interest Code for Officials and Designated Employees
64 CC Resolution No. 9064 Approving a Policy for the Procurement of Recycled Paper and Recycled Paper Products 65 CC Resolution No. 9663 Rescinding Resolution No. 9218 and Adopting Conflict of Interest Code for Officials and Designated Employees
66 CC Resolution No. 9884 Establishing Rules for Acceptance of Proposals for the Lease of the City Water System 67 CC Resolution No. 98-292 Adopting a Deferred Compensation Plan and Trust/Custodial Document 68 CC Resolution No. 98-204 Adopting Procedures for Proposition 218 Fee Levy Proceedings 504
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69 CC Resolution No. 98-203 Rescinding Resolution No. 98-033 and Adopting the Conflict of Interest Code for Officials and Designated Employees
72 CC Resolution No. 98-126 Approving Rules of Procedure for a Design Review Subcommittee of the Planning Commission
73 CC Resolution No. 98-033 Rescinding Resolution No. 9663 and Adopting the Conflict of Interest Code for Officials and Designated Employees
75 CC Resolution No. 99-070 Amending the Housing Assistance Program for Department Heads 76 CC Resolution No. 99-162 Amending the Housing Mitigation Manual 77 CC Resolution No. 00-130 Adopting a Policy Regarding the use of double-Sided Copying at City Facilities 78 CC Resolution No. 00-219 Rescinding Resolution No. 98-033 and Adopting the Conflict of Interest Code for Officials and Designated Employees
79 CC Resolution No. 01-211 Recinding Resolution No. 00-219 and Adopting Conflict of Interest Code for Officials and Designated Employees
80 CC Resolution No. 01-186 Rescinding Resolution No. 01-011 and Appointing Treasurer and Deputy Treasurer 82 CC Resolution No. 02-132 Rescinding Resolution No. 01-211 and Adopting the Conflict of Interest Code for Officials and Designated Employees
84 CC Resolution No. 02-014 Rescinding Resolution No. 01-186 and Appointing Treasurer and Deputy Treasurer 85 CC Resolution No. 03-204 A Policy Embracing the City's Demographic Diversity (Workforce) 86 CC Resolution No. 03-065 Support of Clean Fuel Vehicles and Participation in Clean Air Programs 87 CC Resolution No. 03-162 Adopting Policies and Procedures for the Naming of City Facilities and for Recognizing Donors
88 CC Resolution No. 03-070 Establishing a Policy for Responsible Contracting for Public Works Projects 89 CC Resolution No. 04-383 Adopting Policies and Procedures for Installing Donor Artifacts in City Facilities 90 CC Resolution No. 04-376 Rescinding Resolution No. 02-132 and Adopting Conflict of Interest Code for Officials and Designated Employees
91 CC Resolution No. 04-385 Amending the Policy for Responsible Contracting for Public Works Projects 92 CC Resolution No. 04-270 Adopting a Donor Recognition Artifacts Policy and Procedure 93 CC Resolution No. 05-149 Rescinding Resolution No. 05-020 and Appointing Treasurer and Deputy Treasurer 94 CC Resolution No. 05-108 Amending Resolution No. 04-368 The Administrative Rules and Regulations of the Personnel Code
95 CC Resolution No. 05-078 Amending the Investment Policy to Provide Written Reports on a Quarterly Basis 96 CC Resolution No. 06-187 Adopting a Risk Management Policy 97 CC Resolution No. 06-185 Amending the Alcohol and Drug Use Abuse Policy from Part 2, section 2 of Administrative Rules
98 CC Resolution No. 07-103 Discretionary Fund Mayor's Term 99 CC Resolution No. 08-043 Amending workforce harassment- 100 CC Resolution No. 10-008 Adoption of policy statement on local government retirement benefits- 101 CC Resolution No. 10-021 Appoint Treasurer and Deputy Treasurer- 102 CC Resolution No. 11-182 Adopting a Public Engagement Policy 103 CC Resolution No. 12-065 Modifying the Policy for Teleconferencing During Council Meetings- 104 CC Resolution No. 12-076 Adopting Revised conflict of interest for employees- 106 CC Resolution No. 13-038 Accepting City Investment Policy- 107 CC Resolution No. 13-014 Appointments of the Treasurer and Deputy Treasurer- 505
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108
CC Resolution No. 14-168 Rescinding resolution No. 12-076 and adoptinga revised conflict of interest code for officials -
109 CC Resolution No. 14-146 Accepting the City Investment Policy for the other Post-Employment Benefits Trust- 110 CC Resolution No. 15-101 Approving a Policy to Allow the Use of Electronic Signatures on City Documents- 111 CC Resolution No. 15-001 Climate Action Plan-
112 CC Resolution No. 15-078 Procedures Processing of General Plan Amendment (GPA) Applications- 113
CC Resolution No. 15-037 Approving the Below Market Rate (BMR) Housing mitigation program procedural manual-
114 Sister Cities, Friendship Cities, and International Delegations 2016 115 CC Resolution No. 16-048 Accepting the City Investment Policy- 117
CC Resolution No. 16-137 Rescinding Resolution No. 10-048 and Amending the Resolution Establishing Rules Governing Recru-
118
CC Resolution No. 16-127 Approving Five Year And Annual Development Impact Fee Reports and Making Required Findings-
119
CC Ordinance No. 16-2153 Interim Urgency Ordinance Establishing a Moratorium on Non-Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, -
120
CC Resolution No. 16-102 Adopting Amendments to the Policy and Procedures Manual for Administering Deed Restricted Affor-
121 CC Resolution No. 16-070 Approving the 2016 Cupertino Bicycle Transportation Plan- 122 CC Resolution No. 16-050 Amending the Previous Fee Resolution- 123 CC Resolution No. 16-047 Accepting the City Investment Policy for the Other Post-Employement Benefits Trust- 124 CC Resolution No. 16-031 Rescinding Previous Fee Resolutions and Adopting User Fees- 125
CC Resolution No. 16-026 Approving Five Year and Annual Development Impact Fee Reports and Making Required Findings-
126 CC Resolution No. 17-122 Adopting a Zero Waste Policy for the City of Cupertino- 127
CC Resolution No. 17-088 Rescinding Resolution No. 13-094 Adopting an Amended Records Retention Schedule for the City of-
129 CC Resolution No. 17-102 Establishing a Policy for Accepting Donations- 130
CC Resolution No. 17-103 Rescinding Resolution No. 03-162 and Adopting an Amended Naming of City Facilities Policy-
131
CC Resolution No. 17-112 Approving the Annual and Five Year Development Impact Fee Reports and Making Required Findings-
132 CC Resolution No. 17-052 Amending Previous Fee Resolution- 133 CC Resolution No. 17-049 Accepting the City Investment Policy- 134 CC Resolution No. 17-037 Amending Previous Fee Schedule Resolution- 135 Sister City-Friendship City Policy 2018
136
CC Resolution No. 18-115 Adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials-
137 CC Resolution No. 18-101 Establishing a Policy for Accepting Sponsorships- 138
CC Resolution No. 18-034 Adopting a Complete Streets Policy to Further the Goals of Meeting the Safety, Access, and Modi-
139 CC Resolution No. 18-010 Establishing a Policy for Legislative Advocacy- 140
CC Resolution No. 18-114 Adopting Rosenberg's Rules of Order as the Offical Parliamentary Procedures for City Council Me-
142
CC Resolution No. 18-112 Approving Guidelines Enabling an 18-Month Pilot Program for Dockless Bycycle Sharing-
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143
CC Resolution No. 18-105 Approving a Five Year and Annual Development Impact Fee Report for FY Ending June 30, 2018 and -
145
CC Resolution No. 18-092 Rescinding Resolution 16-090 and Amending the Conflict of Interest Code and Requiring Electroni-
146 CC Resolution No. 18-053 accepting the Investment Policy for the OPEB Trust- 147 CC Resolution No. 18-052 Accepting The City Investment Policy- 148
CC Resolution No. 18-024 Adopting Amendments to the Policy and Procedures Manual for Administering Deed Restricted Affor-
149 CC Resolution No. 19-136 Accepting the City Inveestment Policy for the Pension Trust- 150 CC Resolution No. 19-055 Accepting the City Investment Policy- 151 CC Resolution No. 19-135 Accepting the City Investment Policy for the Other Post-Employment Benefits Trust- 152
CC Resolution No. 19-113 Adopting the Process for Adopting the Process for Applying for and Receiving Ministerial Approv-
153 CC Resolution No. 19-107 Adopting the City of Cupertino Annex to the Santa Clara County- 154 CC Resolution No. 19-056 Accepting the City Investment Policy for the Other Post-Employment Benefits Trust- 155 CC Resolution No. 19-018 Accepting the City Investment Policy for the Pension Trust- 156 CC Resolution No. 20-131 Accepting the City Investment Policy for the Other Post-Employment Benefits Trust- 157 CC Resolution No. 20-130 Accepting the City Investment Policy for the Pension Trust- 158 CC Resolution No. 20-091 Establishing an Internal Audit Function as Hereinafter Described- 159 CC Resolution No. 20-054 Accepting the City Investment Policy- 160 CC Resolution No. 20-011 Adopting the City of Cupertino Ethics Policy- 161
CC Resolution No. 20-002 Rescinding Resolution No. 17-088 and Adopting an Updated Records Retention Schedule for the City of Cupertino and Authorizing-
162
CC Ordinance No. 20-2204 Urgency Ordinance Extending the Validity of Planning Entitlements and Permits; Extending City Review Action on Development Ap-
163 CC Ordinance No. 20-2213 Amending Chapter 10.48 Community Noise Control for Leaf Blower Regulations- 164
CC Ordinance No. 20-2200 Transient Occupancy Tax, Business License Regulations, to Regulate Short-Term Rental Uses in Residential Zoning Districts-
165 CC Resolution No. 20-055 Amending the Below Market Rate Housing Mitigation Procedures Manual- 166
CC Resolution No. 20-001 Declaring a Trusted System for the Management of Records and the Automation of Retention Requirements and Adopting the Truste-
167 CC Resolution No. 21-089 establishing a Suicide Prevention Policy_revised 8.22.23- 168 CC Resolution No. 21-089 establishing a Suicide Prevention Policy- 169 CC Resolution No. 21-037 Accepting the City Investment Policy- 170 CC Resolution No. 21-035 Approving Application(s) for Per Capita Grant Funds- 171 CC Resolution No. 21-034 Amending Previous Fee Schedules- 172 CC Resolution No. 22-058 accepting the City Investment Policy- 173
CC Resolution No. 22-120 Rescinding 20-115 amending the City of Cupertino Conflict of Interest Code for officials and designated employees_2022 Bienni-
174
CC Resolution No. 22-023 amending the Adopted FY 2021-22 Fee Schedule C - Planning Fees to add a Miscellaneous Ministerial Permit fee-
175 CC Resolution No. 23-122 adopting the City of Cupertino Code of Ethics and Conduct- 176 CC Resolution No. 23-081 adoping the Cupertino City Council Grant Policy- 177 CC Resolution No. 23-024 establishing the Commemorative Bench Dedication Policy- 178 CC Resolution No. 23-021 Adopting Cupertino City Council Procedures Manual- 507
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179 CC Resolution No. 23-026 to repeal and replace Resolution No. 18-010 regarding the Legislative- 180 CC Resolution No. 23-054 accepting the City's Investment Policy- 181 CC Resolution No. 23-026 Revisiting the Legislative Advocacy Policy 182
CC Resolution No. 23-122 Adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials
183 Sister City-Friendship City Policy 2023
184 CC Resolution No. 24-108 Pension Trust Investment Policy- 185 CC Resolution No. 24-024 amending the Cupertino City Council Procedures Manual- 186 CC Resolution No. 24-023 Adopting 2024 Commissioners’ Handbook- 187 CC Resolution No. 24-022 Amending Resolution Governing Advisory Bodies- 188
CC Resolution No. 24-099 rescinding Resolution No. 24-083 and amending the City of Cupertino Conflict of Interest-
189 CC Resolution No. 24-094 Establishing a Policy for Automated License Plate Readers- 190 CC Resolution No. 24-093 adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation- 191 CC Resolution No. 24-070 adopting a Vision Zero Action Plan- 192 CC Resolution No. 24-067 approving amendments to the Heart of the City Specific Plan- 193 CC Resolution No. 24-042 accepting the City's Investment Policy- 194 CC Resolution No. 24-041 adopting User Fee Cost Recovery Policy- 508
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CITY OF CUPERTINO
Agenda Item
25-13823 Agenda Date: 3/18/2025
Agenda #: 9.
Subject: Receive City Council Subcommittee report on July 4th fireworks and provide Council direction for next steps
Receive the City Council Subcommittee report on July 4th fireworks and provide Council direction for next steps
CITY OF CUPERTINO Printed on 3/13/2025Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
25-13803 Agenda Date: 3/18/2025
Agenda #: 10.
Subject: Confirm recommended language for two new City Council Strategic Goals; Finalize Fiscal Years 2025-2027 City Work Program
1. Confirm the recommended language for the two new City Council Strategic Goals; Environmental Sustainability and Fiscal Strategy
2. Finalize the Fiscal Years 2025-2027 City Work Program CITY OF CUPERTINO Printed on 3/13/2025Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: March 18, 2025
Subject
Fiscal Years 2025-2027 City Work Program
Recommended Action:
1. Confirm the recommended lan guage for the two new City Council Strategic Goals; Environmental Sustainability and Fiscal Strategy
2. Finalize the Fiscal Years 2025-2027 City Work Program Background
In November 2024, staff outlined an approach to kick off the process for Council to establish new priorities for the next two fiscal years. The process and a ranking methodology were agreed upon by Council at the study session on January 22. Staff’s approach and all subsequent Council discussions and reports can be found on the City Work Program Webpage.
On March 3, the City Council participated in a Priority Setting Workshop where Council ranked proposed projects and adopted a Vision Framework. A summary of the workshop and the strategic vision is included in Attachment A. Council also directed staff to return to Council to finalize the FY 2025-2027 CWP on March 18.
March 18 Council Meeting Objective
At the March 18 meeting, Council will have the opportunity to discuss and finalize the CWP for the next two fiscal years. Given staff’s focus on day-to-day operations taking up majority of the time and resources, staff does not recommend further adding items to the draft CWP as it would impede efforts to accommodate an already robust set of priorities for upcoming two fiscal years.
Upcoming City Work Program for Fiscal Years 2025-2027
Based on the Council-adopted ranking methodology, Council ranked their top projects at the Workshop and collectively selected a draft list of 19 items to be considered for the upcoming C ity Work Program (CWP). This list is included as Attachment B. 511
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2 In addition, items that were not selected for consideration are set aside on the Not Selected List and are included as Attachment C. No budget or staffing estimates for these items have been provided because these were not selected to move forward by the entire council.
At the Workshop, Council provided direction to staff to bring recommendations on projects descriptions for a few items to clarify the scope . Of the 19 items, 1 2 are largely identical to what Council discussed, deliberated, and voted on. Staff has clarified the project scope and descriptions for the remaining seven items. The updated list with staff recommended descriptions is included as Attachment D.
Current Projects From FY 23-25 City Work Program
The status of Year 2 of the FY 2023-2025 CWP projects along with staff recommendations for each is included in this report as Attachment E. Based on staff analysis and project timelines, staff will be recommending continuing six projects as part of the upcoming FY 2025-2027 CWP.
Proposed Consolidated List for Consideration
Staff has consolidated Council’s Top projects with clarified project descriptions and adding the potential six items from the current CWP, into a proposed CWP list (Proposed List) for Council consideration as illustrated below. This list is included as Attachment F.
The Proposed List includes further refined resource estimates. Additionally, staff has included best estimates on timelines for all items on the Proposed List and when they are expected to be completed within the two-year period. The timeline is as follows:
Year 1: Projects that are estimated to begin and be completed in FY 2025-2026 Year 2: Projects that are estimated to begin or end in FY 2026-2027 Beyond: Projects that may not begin or be completed by the end of FY 2027.
Next Steps
Actual resources needed to accomplish the new CWP will be requested as part of the budget adoption process. The FY 2025-27 CWP will officially launch in July at the start of the new fiscal year. Staff has been and will continue to provide quarterly updates to the CWP projects via the dashboard and can return to Council in 2026 for Council to validate or modify the CWP at that time.
Sustainability Impact
COUNCIL
SELECTED
PROJECTS
CURRENT
CWP
PROJECTS
PROPOSED LIST
FOR
FY 2025-2027
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3 There is no sustainability impact associated with this update.
Fiscal Impact
Fiscal impact of the proposed CWP on the General Fund will be included in the supplemental report posted prior to the Council meeting. The associated budget allocations for the final projects will be presented to Council as part of the Proposed Budget.
California Environmental Quality Act
Projects included in the adopted CWP will undergo any necessary CEQA review.
City Work Program Item/Description
NA
Council Goal
This project encompasses all City Council Strategic Goals.
As part of the workshop, Council unanimously voted on staff’s recommendation to split their existing goal of “Sustainability and Fiscal Strategy ” into two separate goals of Environmental Sustainability and Fiscal Strategy. Staff recommends the following language to define the two new goals:
Environmental Sustainability: Maintaining Cupertino’s commitment to building a sustainable and environmentally resilient community for future generations.
Fiscal Strategy: Ensuring financial stability by continuing responsible fiscal management practices throughout all city-wide operations.
The newly-adopted set of goals and description for the two new goals have been added on the City’s Vision and Goals website, pending Council approval.
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Tina Kapoor, Deputy City Manager
Approved for submission by: Pamela Wu, City Manager
Attachments:
A – Workshop Summary
B – Council Selected Projects from March 3 Workshop
C – Not Selected Items
D –
Staff Proposed Descriptions for Seven CWP items
E – Current CWP Updates for Year 2 Projects from Fiscal Years 2023-2025 F – Proposed List for FY 2025-2027 CWP
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ATTACHMENT A
Council Priority Setting Workshop Summary
On March 3, the City Council participated in a Priority Setting Workshop facilitated by Deputy City Manager, Tina Kapoor. The workshop provided an opportunity for Councilmembers to celebrate the current City Work Program (CWP) progress, discuss priority projects of importance, and conduct rank voting to establish the CWP for FY 2025 -26 and FY 2026 -27.
Council also directed staff to return to Council to finalize the FY 2025-2027 CWP on March 18, 2025.
Workshop Objectives
The Workshop focused on the following objectives:
• Reviewing resources on effective City governance.
• Developing and adopting a strategic vision framework to guide decision-making and long-term planning.
• Conducting a priority ranking exercise to identify and align Council’s top projects with community needs and available resources.
Workshop Outcomes
1. Effective City Governance: Staff presented best practices and strategies from Institute for Local Government to promote collaboration, transparency, and effective governance.
These included approaches for handling policy and operational matters efficiently.
2. City Council Goals: Councilmembers then reviewed the existing five City Council Goals and unanimously voted on staff’s recommendation to split their existing goal of “Sustainability and Fiscal Strategy” into two separate goals -- Environmental Sustainability and Fiscal Strategy.
3. Focus Areas: Staff introduced three new focus areas as part of the Strategic Vision Framework – Fiscal Resilience, Small Business Revitalization, and Emergency Management. These were unanimously adopted by Council and will help guide strategic initiatives and resource allocation to better serve the community.
4. Strategic Vision Framework: Following a discussion on long-term Goals and Focus Areas, the Council unanimously adopted a Strategic Vision Framework that will serve as a foundation for guiding policy decisions and organizational priorities.
5. Priority Project Ranking Exercise: Councilmembers engaged in a structured ranking process to identify priority projects for the upcoming two fiscal years. The results of this 514
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ATTACHMENT A
exercise will inform the City’s budget and Work Plan to ensure alignment with Council’s vision and strategic goals. The ranking exercise is detailed below:
Ranking Exercise
At the workshop, Council ranked their top projects, using the Council adopted methodology.
After the first ranking, items were sorted in priority order and separated into high, medium, and low priority projects. Council agreed to forego the low priority projects and move the high priority projects forward. Council then ranked the medium priority projects again. Once that ranking was finalized, Council agreed to add the top six medium projects to the already approved high priority projects, which resulted in a list of top 19 projects. All ranking lists were posted as part of written communication following the Workshop. Additional information can be found on the City Work Program website.
Strategic Vision Framework
The Strategic Vision and newly adopted goals can be found on the city’s Vision and Goals website, as illustrated below.
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ATTACHMENT B
# Topic Proposed By Council
Member Councilmember Submitted Title Councilmember Proposed Project Description Council Goal Lead Department Est budget Est staff hours Lead Department(s) Total Ranking 1 Economic Development RW
Economic Development Restore economic development committee, explore grant writer position, attract startups and companies in the tech ecosystem.
Sustainability
and Fiscal
Strategy
City Attorney's
Office/City Manager's
Office
$$ Small City Attorney's Office 27
2 Economic Development SM
Business
Revitalization
Explore options to support small businesses, fill empty storefronts, and encourage entry of new forms of retail to promote revitalization Sustainability
and Fiscal
Strategy
City Manager's Office $$ Medium City Manager's Office 27 3 Permitting JF
Permit Streamlining and
Simplification for Small Home
Upgrades
Develop a suite of improvements to (1) improve access to, and (2) speed the processing of permits for small home upgrades so as to enhance compliance and improve overall efficiency.
Quality of Life CDD $ Medium Community Development 27
4 Financial Policies LC
Financial, Investment, and
Cashflow Policy Review (TBD
item)
Review and assess the City’s investment policy and best practices with an analysis of quarterly treasurers report.
Establish a cashflow management policy with the goal to reduce the total percentage in cash from 20% to 2% and to reduce the total percentage in cash and cash-equivalent to at most 10%, on par with other cities.
Sustainability
and Fiscal
Strategy
Administrative Services $$ Medium Administrative Services 24 5 Heart of the City JR
Heart of the City Specific Plan
Update
Revise the Heart of the City Specific Plan and relevant neighboring planning areas to focus residential growth on major corridors to better support commercial activity, and an increased tax base as well as the creation of "third spaces" for community building, while bringing homes, amenities, and jobs closer together to reduce vehicle miles traveled and improve the atractiveness of active transportation options.
Quality of Life CDD $$$ Large Community Development 24
6 Impact Fees SM
Update City's
Impact fees
Update governing policies and guidelines for all impact fees Sustainability and Fiscal
Strategy
CDD/City Attorney's
Office/Public Works
$$$ Large Community Development 21
7 Impact Fees LC
Defensible Impact Fee Nexus
Study for Traffic Impact Fee,
Retail Impact Fee, BMR Impact
Fee
With almost every infill project approval and revision, we are losing almost all retail with almost zero parking. New units tend to provide more town homes, rather than much needed smaller starter units or senior flats. With potential challenges to waive impact fees and design standards, a defensible Nexus study is necessary to protect the city in order to collect impact fees since California Constitution does not allow unfunded mandates levied on cities.
Sustainability
and Fiscal
Strategy
CDD/City Attorney's
Office/Public Works
$$ Large Community Development 21
Council Selected Projects from March 3 Workshop
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ATTACHMENT B
# Topic Proposed By Council
Member Councilmember Submitted Title Councilmember Proposed Project Description Council Goal Lead Department Est budget Est staff hours Lead Department(s) Total Ranking Council Selected Projects from March 3 Workshop
8 Environmental /
Sustainability KM
Water Conservation Policies
(replaces city water
conservation/ turf conversion)
Reduce irrigation while increasing pollinator supporting vegetation (turf conversion). Optimize irrigation systems including CUSD use agreement sites.
Sustainability
and Fiscal
Strategy
Public Works $$ Medium Public Works 18
9 Economic Development JF
Small Business Revitalization
Plan
Develop a plan and implementation strategy to support (1) new small business establishment; (2) preservation of existing small businesses in order to improve placemaking in the city and the city's revenue stream.
Quality of Life City Manager's Office $$ Medium City Manager's Office 17 10 Parks SM
Blackberry Farms Pool and
Picnic Area - CEQA Review
Eliminate the 100 day restricted operation of BB Farms picnic area facilities and swimming pool - and open all year. Current restrictions deprive city of fee revenues, and deprive public access to public facilities.
Quality of Life Parks &
Recreation/City
Attorney's
Office/Public
Works/CDD
$$$ Large Parks & Recreation 17
11 Senior Services LC
Enhance Senior Services Due to the high cost of senior centers, many seniors have to "age in place", but do still need services typically provided in senior centers, in addition to common home maintenance.-
- Utilizing the survey results conducted in 2022 and 2023 to meet the needs of Cupertino seniors
- Consider consultant services similar to Palo Alto or Saratoga Senior Center to enhance services, while reducing cost to the city.
NOTE: Cupertino Age-Friendly could make a presentation on the result of 2023 survey, in collaboration with the city staff.
NOTE: Successful Aging Solutions & Community Consulting (SASCC), who runs the Saratoga Senior Center could provide a free gap analysis and feasibility analysis
Quality of Life Parks & Recreation $$ Large Parks & Recreation 17 12 Economic Development RW
Small Business Revitalization
Ordinance
Streamline permitting process, explore more themed events like restaurant week and bobatino, attract more festivals, create a small business council, provide regulatory support.
Sustainability
and Fiscal
Strategy
CDD/City Manager's
Office/Parks &
Recreation
$$ Large Community Development 15
13 City Properties / EOC KM
City Properties: Planning for
Optimal Use (Formerly City
Properties 2.0)
Revisit City Hall/Torre Annex Planning RE Seismic/EOC. Future planning strategies for Stocklmeir house/garages, Blech House, Blue Pheasant. Goal of judicial use of city-owned properties. Investigate potential purchase of CUSD Finch/Phil property.
Quality of Life Public Works/City
Manager's Office
$$ Medium Public Works 4
14 Emergency
Preparedness RW
Emergency Operations
Readiness
Review fire, earthquake tornado, active shooter, Tsunami, hazardous transport accident policies; and ensure EOC is active and functioning with a permanent position not consultant running the program.
Sustainability
and Fiscal
Strategy
City Manager's
Office/SC County
Sheriff's Office
$$ Medium City Manager's Office 2
15 Environmental / Trees SM
Urban Forest
Program
Expand tree list review in current CWP to include specifics to develop an urban forest plan to increase trees, landscaping and greenery in all parts of the city
Quality of Life Public Works/CDD $$ Medium Public Works 2 2 517
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ATTACHMENT B
# Topic Proposed By Council
Member Councilmember Submitted Title Councilmember Proposed Project Description Council Goal Lead Department Est budget Est staff hours Lead Department(s) Total Ranking Council Selected Projects from March 3 Workshop
16 5G RW 5G Ordinance Update 5G Ordinance Quality of Life Public Works/City Attorney's Office
$ Small Public Works 2
17 Unhoused KM
Unhoused Policies (Formerly
Support for the Unhoused 2.0)
Continue this work program item. Determine best practices for limited budget smaller cities to manage the unhoused. Review RV practices in surrounding cities for impacts and potential adoption.
Review transitional housing outcomes in surrounding cities. Policies to include nimble contingency plans.
Quality of Life CDD/Public Works/City
Attorney's Office/City
Manager's Office
$ Large Community Development 2
18 Public Engagement JF
Public Engagement Strategy and
Policies in Support of Planning
Initiatives
Consolidate existing CWP (Attachment B Item 10) and proposed CWP public engagement-related items (Attachment B Items 4 and 5) to establish more focused policies governing public outreach and engagement with respect to General Plan amendments and
rezonings with special consideration to lessons learned from the 6th RHNA Cycle Housing Element revision.
Public
Engagement
and
Transparency
CDD/City Manager's
Office
$$ Large Community Development 2
19 City Hall All
City Hall Retrofit and City Hall
Annex Renovation including the
EOC
Implement the previously approved 2022 Council plan with EOC migration
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ATTACHMENT C
# Councilmember Proposed Title Councilmember Proposed Project Description Est budget Est staff hours Lead Department(s) Total Ranking 1 SFH permitting review process. Improve turnaround times. Set SLA's for staff and outsourced reviewers, customer service KPI's, templates to reduce back and forth, internal staff expertise to reduce consulting expenses. Simplify permitting for small home upgrades.
$ Medium Community Development 1
2 Leadership
Academy
Re-establish leadership program in collaboration with neighboring cities and non-profits - to educate the public on public policy issues, and encourage new participation in city's civic life.
$ Small City Manager's Office 1
3 Enhance Notification Methods
for Development Projects and
General Plan Amendments
* Consider a community meeting requirement for any major project application, especially those requiring a general plan amendment, as some other cities have adopted.
* Consider increasing notification radius from 300 feet to 500 feet (or even 1000 feet for major projects) for any project application, especially those requiring a general plan amendment.
* d dd l f f l
$ Medium Community Development 1
4 Adopt LOS and improve TDM
Accountability
Adopt LOS (Level of Service), in addition to VMT (Vehicle Miles Traveled), in any traffic assessment, since LOS is still a better measure of traffic impact.
Adopt requirements to ensure accountability of TDM (Traffic Demand Management) system since TDM often does not mitigate traffic impact as intended.
$$ Large Community Development 1
5 Major thoroughfare congestion
study and road improvements.
Study De Anza, Stevens Creek, Stelling, Wolfe, Homestead, and Bollinger, Road improvement options include adaptive traffic signals, no turns on red near schools during school hours, street paving, and traffic enforcement of bikers, cars, and pedestrians.
$$ Large Public Works 1
6 Urban Forest 10-Year Plan Develop a plan and implementation strategy to increase the tree canopy in Cupertino to achieve at least 30% coverage in every city neighborhood by 2035 using climate-resilient species.
$$ Medium Public Works 1
7 Impact Fees Evaluate and realign impact fees. $$$ Large Community Development 1 8 Reduce the Scope of Memorial
Park Plan to under $40M
The Memorial Park Plan like other plans tend to include too many features in one park, which the city cannot afford to accommodate. We should reduce the scope to under $40M to only essential elements
$$ Medium Parks & Recreation 1
9 Active Transportation Plan Continue the existing CWP item. $$ Medium Public Works 1 Not Selected Items
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ATTACHMENT C
# Councilmember Proposed Title Councilmember Proposed Project Description Est budget Est staff hours Lead Department(s) Total Ranking Not Selected Items
10 Enhance Art In-Lieu Fee policy
for better engagement
Each development project has to dedicate art in-lieu fee, but the selection process does not engage the public to benefit the city as a whole. Explore policies adopted in other cities for better public engagement.
NOTE: To expand the current work program item "Art in Public and Private Areas": Revisit Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art
-i
n-l
ieu fee policy.
$ Medium Community Development 1
11 General Plan
Community
Meetings
Consider community meetings for any development or project that requires a GP amendment.
$ Medium Community Development 1
12 Work Program Process Review Work Program History, budget considerations and timing, key takeaways, best practices, mission and vision, goal categories, staff suggestions for process improvement and workload management. Include CIP projects which are in process and their costs.
$ Medium City Manager's Office 0
13 Commercial Diversification Plan Develop a plan and implementation strategy to diversify the range and types of medium-sized businesses operating in the city.
$$ Medium City Manager's Office 0
14 Independence Day Celebration
Enhancement
Identify and pursue low-hazard alternatives to the traditional fireworks presentation if no safe venue for traditional fireworks in Cupertino can be found.
$$ Large Parks & Recreation 0
15 Transparency for Commisison
Meetings
Restore Hybrid Commission Meetings with both virtual and in-person public comments - with minimal staff support.
Include presentations, design docs in the agenda packet so that attendees who missed the meeting have access to them, such as the design docs for bike path projects.
$$ Large Innovation & Technology 0
16 Ad Hoc Senior
Commission
Establish an ad-hoc senior commission/ committee/working group to create channels of communication between the senior population, senior center, senior living facilities - and address concerns re: housing, transportation, medical facilities.
$ Large Parks & Recreation 0
17 Night time safety awareness Coordinate public education and potential (private and/or public) grants for night time safety for bikes/peds/pets (Fall Bike Fest, SR2S, festivals) $ Medium Public Works 0
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ATTACHMENT D
# Councilmember Title Staff Proposed Title Councilmember Project Description Staff Proposed Descriptions 1 Economic Development Economic
Development
Committee
Restore economic development committee, explore grant writer position, attract startups and companies in the tech ecosystem.
Restore the Economic Development Committee
2 Economic Development Grant Management Restore economic development committee, explore grant writer position, attract startups and companies in the tech ecosystem.
Explore grant analyst position
3 Small Business Revitalization
Plan
Startups, Small
Business, and
Placemaking Plan
Develop a plan and implementation strategy to support (1) new small business establishment; (2) preservation of existing small businesses in order to improve placemaking in the city and the city's revenue stream.
Develop a plan to attract and support small businesses and startups in order to improve placemaking in the city and the city's revenue stream.
4 Defensible Impact Fee
Nexus Study for Traffic
Impact Fee, Retail Impact
Fee, BMR Impact Fee
No Change With almost every infill project approval and revision, we are losing almost all retail with almost zero parking. New units tend to provide more town homes, rather than much needed smaller starter units or senior flats. With potential challenges to waive impact fees and design standards, a defensible Nexus study is necessary to protect the city in order to collect impact fees since California Constitution does not allow unfunded mandates levied on cities.
Proceed with nexus studies to review a range of impact fees and other means of offsetting conversion of commercial land uses to residential.
5 5G Ordinance No Change Update 5G Ordinance Prepare an ordinance that regulates small cellular facilities in the public right of way.
6 Urban Forest
Program
No Change Expand tree list review in current CWP to include specifics to develop an urban forest plan to increase trees, landscaping and greenery in all parts of the city
Create and Urban Forest Master Plan that includes an updated and expanded tree list which will increase the number of trees, enhance the City's tree canopy, and promote landscaping throughout the City.
7 Public Engagement
Strategy and Policies in
Support of Planning
Initiatives
No Change Consolidate existing CWP (Attachment B Item 10) and proposed CWP public engagement-related items (Attachment B Items 4 and 5) to establish more focused policies governing public outreach and engagement with respect to General Plan
amendments and rezonings with special consideration to lessons learned from the 6th RHNA Cycle Housing Element revision.
Review existing public noticing requirements for General Plan Amemdments and rezonings and State law requirements.
Develop strategy to provide earlier, more focused outreach to neighborhoods most directly affected by proposed General Plan and zoning changes.
Staff Proposed Descriptions
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ATTACHMENT E
# Project Description Goal Update Staff Recommendation
1 Tree List (CDD) Review and revise development tree list (per Ch. 14.18: Protected Trees) with an emphasis on appropriate trees and native species.
Environmental Sustainability RFP is complete. Staff received four proposals in December 2024. Staff recommends this item be part of Urban Forest Master Plan.
Staff recommends removing this item and accepting Urban Forest Master Plan for the upcoming CWP.
2 Tree List (PW) Project Phases:
1) Review, revise, and communicate street tree list with an emphasis on appropriate trees and native species.
2) Develop an Urban Forest program scope and cost for future consideration.
Environmental Sustainability RFP is complete. Staff received four proposals in December 2024. Staff recommends this item be part of Urban Forest Master Plan.
Staff recommends removing this item and accepting Urban Forest Master Plan for the upcoming CWP.
3 Public Safety (License Plate
Readers)
Deploy city-owned license plate readers and implement policies to allow neighborhood- owned ones.
Quality of Life City adopted a policy and authorized an MOU with the County. Camera's will be installed upon County's adoption of MOU and policy.
Project expected to be fully completed before the end of FY 25. Staff recommends not including this item in the upcoming CWP. 4 Public Safety (Block
Leader)
Strengthen Block Leader/Neighborhood Watch programs to ensure the leaders are active and expand the coverage of active neighborhoods.
Quality of Life Staff developed a framework to engage with block leaders and provide $300 block party grants. Staff will continue ongoing promotion until the funds are depleted.
Project has launched and has become operational. Staff recommends not including this item in the upcoming CWP.
5 Preserve existing and
develop new BMR/ELI
Housing
Explore opportunities to preserve existing expiring BMR housing.
Develop ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property as well as the County-owned sites.
Housing Council selected developer for Mary Ave site in February. Staff working to finalize Disposition and Development Agreement by Summer 2025.
Project expected to continue until December 2025. Staff recommends including this project into the upcoming CWP.
6 Whole City Policy Review Repeat the 2013 process of compiling and reviewing all City Policies including 1) Administrative and 2) Council policies and provide recommendations/updates, e.g. Green Purchasing, Property Acquisition
Public Engagement and
Transparency
Project expected to come to Council on March 18. Project expected to be fully completed before the end of FY 25. Staff recommends not including this item in the upcoming CWP. 7 Fiscal Procedures and
Policies Handbook
Develop the handbook to ensure standardization of accounting, budget, investment, procurement policies, procedures, rules and regulations.
Fiscal Strategy Fiscal Procedures and Policies Handbook has been completed. Project Completed, no need to add to upcoming CWP. 8 Support for the unhoused Collaborate and fund jointly with West Valley efforts to address regional needs and find workable support for the Unhoused.
Housing The City of Cupertino has joined with other West Valley Cities to study opportunities to address unhoused issues.
Staff recommends continuing this item as part of the new unhoused item on the upcoming CWP.
9 Municipal Water System To analyze and recommend options for the continued operation of the system currently and at the end of lease with San Jose Water Company in September 2024.
Environmental Sustainability This project is now complete. City Council approved a new 12-year lease agreement in July 2024.
Project Completed, no need to add to upcoming CWP.
10 5G Ordinance Update 5G Ordinance Quality of Life This item is in progress. Staff recommends continuing this item as part of the 5G item on the upcoming CWP.
11 Residential and Mixed Use
Residential Design
Standards
Create objective design standards for residential projects, including ensuring adequate buffers from neighborhood low-density residential development Quality of Life Planning Commission and City Council will review and approve project by December 2025.
Project expected to continue until December 2025. Staff recommends including this project into the upcoming CWP.
12 Art in Public and Private
Areas
(Proposed by Arts &
Culture Commission)
Revisit Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art-in-lieu fee policy.
Quality of Life Planning Commission and City Council to review Arts & Culture Commission recommendations in Spring 2025.
Project expected to be fully completed before the end of FY 25. Staff recommends not including this item in the upcoming CWP. 13 Speed Limit Lowering (AB
43)
(Proposed by Bike Ped
Commission)
Lower speed limits where feasible pursuant to state adopted Assembly Bill 43 Transportation Municipal Code amendments to be adopted by end of calendar year 2025 upon completion of City-wide study.
Project expected to continue until November 2025. Staff recommends including this project into the upcoming CWP.
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ATTACHMENT E
# Project Description Goal Update Staff Recommendation
Current City Work Program Updates for Year 2 Projects from Fiscal Years 2023-2025 14 Homestead Bike Lane
Study & Safe Routes to
School
(Proposed by Bike Ped
C ii )
Support collaboration efforts on multi-jurisdictional projects along Homestead Road that include upgrading pedestrian and bicycle infrastructure. (The current project phase is focused on preliminary design and is funded to 35%. Future phases, when funded, will focus on 100% plan design construction)
Transportation 35% Design Completed. Further design efforts will be supported by City when initiated by VTA.
Project Completed, no need to add to upcoming CWP.
15 Poet Laureate Playbook
Update
(Proposed by Library
Commission)
Update the Cupertino Poet Laureate Playbook to streamline processes, outline clear expectations, and expand applicant qualifications. The playbook has not been updated since 2016.
Quality of Life Playbook complete. Library Commission will appoint a Poet Laureate Sub- Committee to recruit and select the next Poet Laureate by June 2025.
Project expected to be fully completed before the end of FY 25. Staff recommends not including this item in the upcoming CWP. 16 Electrification Study
(Proposed by Sustainability
Commission)
Conduct public outreach, policy research, and coordinate with regional efforts to develop policy options for electrification of Cupertino's buildings in light of recent legal rulings inhibiting certain electrification efforts.
Environmental Sustainability Council approved a building energy performance policy that encourages electrification in new buildings in September 2024. Development of policy for existing buildings is still ongoing. Expected completion date is June 2025.
Project expected to be fully completed before the end of FY 25. Staff recommends not including this item in the upcoming CWP. 17 Recycled Water Feasibility
Study
(Proposed by Library and
Develop Recycled Water Feasibility Study. Include Blackberry Farm focus and extension of recycled water from SCVWD.
Environmental Sustainability This project is completed. Staff released the Study in February as an informational memo.
Project Completed, no need to add to upcoming CWP.
18 Sign Ordinance Update Sign Ordinance Quality of Life City Attorney's Office was concerned about potential implications to the First Amendment rights with the proposed Sign Ordinance amendment. Staff
Staff recommends continuing this project into the upcoming CWP. 19 The Rise: Construction
stakeholder engagement
Improve engagement with stakeholders to ensure progress with construction and reduce barriers.
Quality of Life Staff is continuing engagement with this project on an ongoing basis. This work will continue as part of operations. Staff recommends not including this item into the next CWP.
20 Active Transportation Plan
(Proposed by Teen, Bike
Ped, and Planning
Commission)
This item is a consolidation of existing and new transportation efforts aiming to further goals outlined in the City's Vision Zero Initiative, including:
1) Review and update the bike plan
2) Review and update the pedestrian plan
3) Review current Complete Streets Policy and propose adjustments to create a better interface between all modes of transportation
Transportation Staff and consultant are working to develop this project with significant outreach and meetings with the Bike Ped Commission. City Council adoption of Plan expected in June 2026.
Project expected to continue until June 2026. Staff recommends including this project into the upcoming CWP.
21 Commission Governance
Reform Package
1) Revised Commissioner's Handbook to align it with Council Procedures Manual 2) Investigate & report back on incidents of violations of the Muni Code re: the Commission- Staff relationship
3) Realignment of Commisisoner terms of office
4) Establishment/revision of commissioner qualifications Public Engagement and
Transparency
This project is now complete. New Commissioner applications were published for recruitment in January 2025.
Project Completed, no need to add to upcoming CWP.
22 Bicycle Facilities Increase the inventory of bicycle facilities and amenities, such as bike racs, citywide. Transportation First phase of bike racks estimated to be purchased and installed by June 2025 upon completion of business outreach being conducted by Bike Ped Commission Subcommittee and Cupertino Rotary.
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ATTACHMENT F
# Councilmember Title Staff Proposed Title Councilmember Project Description Staff Proposed Descriptions Council Goal Est budget (Not including staff costs)
Est staff
hours Lead Department(s) Estimated
Timeline
1 Economic Development Economic Development
Committee
Restore economic development committee, explore grant
writer position, attract startups and companies in the tech ecosystem.
Restore the Economic Development
Committee
Quality of Life $0
0.5 FTE will be
requested during
proposed budget
Small City Manager's
Office
Year 1 to restore.
Beyond to continue.
2 Economic Development Grant Management Restore economic development committee, explore grant writer position, attract startups and companies in the tech ecosystem.
Explore a Grant Analyst position Fiscal Strategy $0
1 FTE will be
requested during
proposed budget
Medium Administrative
Services
Year 1 to hire.
Beyond to continue.
3 Business Revitalization No Change Explore options to support small businesses, fill empty storefronts, and encourage entry of new forms of retail to promote revitalization
No Change Quality of Life $10,000 Medium City Manager's Office
Year 1 start
Year 2 end
4 Small Business Revitalization
Plan
Startups, Small Business, and
Placemaking Plan
Develop a plan and implementation strategy to support (1) new small business establishment; (2) preservation of
existing small businesses in order to improve placemaking in the city and the city's revenue stream.
Develop a plan to attract and
support small businesses and
startups in order to improve
placemaking in the city and the city's
t
Quality of Life $25,000 Medium City Manager's
Office
Year 1 start
Year 2 end
5 Permit Streamlining and
Simplification for Small
Home Upgrades
No Change Develop a suite of improvements to (1) improve access to, and (2) speed the processing of permits for small home
upgrades so as to enhance compliance and improve overall efficiency.
No Change Quality of Life $250,000 Medium Community
Development
Year 1 start
Year 2 end
6 Financial, Investment, and
Cashflow Policy Review
No Change Review and assess the City’s investment policy and best practices with an analysis of quarterly treasurers report.
Establish a cashflow management policy with the goal to reduce the total percentage in cash from 20% to 2% and to reduce the total percentage in cash and cash-equivalent to at most 10%, on par with other cities.
No Change Fiscal Strategy $25,000 Small Administrative
Services
Year 1
Proposed List for FY 2025-2027 CWP
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ATTACHMENT F
# Councilmember Title Staff Proposed Title Councilmember Project Description Staff Proposed Descriptions Council Goal Est budget (Not including staff costs)
Est staff
hours Lead Department(s) Estimated
Timeline
Proposed List for FY 2025-2027 CWP
7 Heart of the City Specific
Plan Update
No Change Revise the Heart of the City Specific Plan and relevant neighboring planning areas to focus residential growth on major corridors to better support commercial activity, and an increased tax base as well as the creation of "third spaces" for community building, while bringing homes,
amenities, and jobs closer together to reduce vehicle miles traveled and improve the atractiveness of active
transportation options.
No Change Quality of Life $1 Million Large Community
Development
Year 1 start
Beyond for
completion.
8 Update City's
Impact fees
No Change Update governing policies and guidelines for all impact fees No Change Fiscal Strategy $50,000 Large Community Development
Year 2 Start
9 Defensible Impact Fee
Nexus Study for Traffic
Impact Fee, Retail Impact
Fee, BMR Impact Fee
No Change With almost every infill project approval and revision, we are losing almost all retail with almost zero parking. New units tend to provide more town homes, rather than much needed smaller starter units or senior flats. With potential
challenges to waive impact fees and design standards, a defensible Nexus study is necessary to protect the city in order to collect impact fees since California Constitution does not allow unfunded mandates levied on cities.
Proceed with nexus studies to review
a range of impact fees and other
means of offsetting conversion of
commercial land uses to residential.
Fiscal Strategy $2 Million Large City Attorney's
Office
Year 2 Start
10 Water Conservation
Policies
No Change Reduce irrigation while increasing pollinator supporting vegetation (turf conversion). Optimize irrigation systems including CUSD use agreement sites.
No Change Environmental
Sustainability
$250,000 Medium Public Works Year 1 start
Year 2 end
11 Blackberry Farms Pool and
Picnic Area - CEQA Review
No Change Eliminate the 100 day restricted operation of BB Farms picnic area facilities and swimming pool - and open all year.
Current restrictions deprive city of fee revenues, and deprive public access to public facilities.
No Change Quality of Life $500,000 Large City Attorney's Office
Year 1 start
Beyond for
completion.
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ATTACHMENT F
# Councilmember Title Staff Proposed Title Councilmember Project Description Staff Proposed Descriptions Council Goal Est budget (Not including staff costs)
Est staff
hours Lead Department(s) Estimated
Timeline
Proposed List for FY 2025-2027 CWP
12 Enhance Senior Services No Change Due to the high cost of senior centers, many seniors have to "age in place", but do still need services typically provided in senior centers, in addition to common home maintenance. - Utilizing the survey results conducted in 2022 and 2023 to meet the needs of Cupertino seniors
- Consider consultant services similar to Palo Alto or
Saratoga Senior Center to enhance services, while reducing cost to the city.
NOTE: Cupertino Age-Friendly could make a presentation on the result of 2023 survey, in collaboration with the city staff.
NOTE: Successful Aging Solutions & Community Consulting (SASCC), who runs the Saratoga Senior Center could provide a free gap analysis and feasibility analysis
No Change Quality of Life $65,000 Large Parks & Recreation Year 1 start Year 2 end
13 Small Business
Revitalization Ordinance
Streamline permitting process, explore more themed events like restaurant week and bobatino, attract more festivals, create a small business council, provide regulatory support.
Fiscal Strategy $100,000 Large Community
Development
Year 1
14 City Properties: Planning
for Optimal Use
No Change Future planning strategies for Stocklmeir house/garages, Blech House, Blue Pheasant. Goal of judicial use of city- owned properties. Investigate potential purchase of CUSD Finch/Phil property.
No Change Quality of Life $200,000 Medium Public Works Year 1 start Year 2 end
15 5G Ordinance No Change Update 5G Ordinance Prepare an ordinance that regulates small cellular facilities in the public
right of way.
Quality of Life $0 Small Public Works Year 1
16 Emergency Operations
Readiness
No Change Review fire, earthquake tornado, active shooter, Tsunami, hazardous transport accident policies; and ensure EOC is active and functioning with a permanent position not
consultant running the program.
No Change Quality of Life $40,000 Medium City Manager's Office
Year 1 start
Beyond for
completion.
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ATTACHMENT F
# Councilmember Title Staff Proposed Title Councilmember Project Description Staff Proposed Descriptions Council Goal Est budget (Not including staff costs)
Est staff
hours Lead Department(s) Estimated
Timeline
Proposed List for FY 2025-2027 CWP
17 Urban Forest
Program
No Change Expand tree list review in current CWP to include specifics to develop an urban forest plan to increase trees, landscaping and greenery in all parts of the city
Create an Urban Forest Master Plan
that includes an updated and
expanded tree list which will increase
the number of trees, enhance the
City's tree canopy, and promote
landscaping throughout the City.
Environmental
Sustainability
$250,000 ($110,000
is already allocated
for the tree list item
under the -urrent
CWP. Acct: 750-235)
Medium Public Works Year 1 start
Year 2 end
18 Public Engagement
Strategy and Policies in
Support of Planning
Initiatives
No Change Consolidate existing CWP (Attachment B Item 10) and proposed CWP public engagement-related items
(Attachment B Items 4 and 5) to establish more focused
policies governing public outreach and engagement with
respect to General Plan amendments and rezonings with
special consideration to lessons learned from the 6th RHNA Cycle Housing Element revision.
Review existing public noticing
requirements for General Plan
Amemdments and rezonings and
State law requirements. Develop
strategy to provide earlier, more
focused outreach to neighborhoods
most directly affected by proposed
General Plan and zoning changes.
Public Engagement
and Transparency
$100,000 Large Community
Development
Year 1
19 Unhoused Policies No Change Continue this work program item. Determine best practices for limited budget smaller cities to manage the unhoused.
Review RV practices in surrounding cities for impacts and potential adoption. Review transitional housing outcomes in surrounding cities. Policies to include nimble contingency plans.
No Change Quality of Life $100,000 Large Community
Development
Year 1 start
Year 2 end
20 City Hall Retrofit and City
Hall Annex Renovation
including the EOC
No Change Implement the previously approved 2022 Council plan with EOC migration
No Change Quality of Life $0 Small Public Works Year 1
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ATTACHMENT F
# Councilmember Title Staff Proposed Title Councilmember Project Description Staff Proposed Descriptions Council Goal Est budget (Not including staff costs)
Est staff
hours Lead Department(s) Estimated
Timeline
Proposed List for FY 2025-2027 CWP
# Project Title
Allocated budget
(No additional
resources needed)
Goal Lead Department Estimated Timeline
21 Preserve existing and
develop new BMR/ELI
Housing
$250k Housing CDD Year 1 start
Year 2 end
22 Residential and Mixed Use
Residential Design
Standards
$240k Quality of
Life
CDD Year 1
23 Speed Limit Lowering (AB
43)
$0 Transportati
on
Public Works Year 1
24 Sign Ordinance $200k Quality of
Life
CDD Year 1 Start, Year 2
end
25 Active Transportation Plan
(Proposed by Teen, Bike
Ped, and Planning
Commission)
$330k Transportati
on
Public Works Year 1
26 Bicycle Facilities $50k Transportati
on
Public Works Year 1
Update Sign Ordinance City Attorney's Office was concerned about potential implications to the First Amendment rights with the
proposed Sign Ordinance amendment. Staff recommends
continuing this project into the upcoming CWP.
This item is a consolidation of existing and new transportation efforts aiming to further goals outlined in the City's Vision Zero Initiative, including:
1) Review and update the bike plan
2) Review and update the pedestrian plan
3) Review current Complete Streets Policy and propose adjustments to create a better interface between all modes of transportation
Staff and consultant are working to develop this project with significant outreach and meetings with the Bike Ped Commission. City Council adoption of Plan expected in
June 2026.
Increase the inventory of bicycle facilities and amenities, such as bike racks, citywide. This project will be sustantially complted by June 2025.
Lower speed limits where feasible pursuant to state adopted Assembly Bill 43 Municipal Code amendments to be adopted by end of calendar year 2025 upon completion of City-wide study.
Current Ongoing CWP Projects
Description Status Update
Explore opportunities to preserve existing expiring BMR housing.
Develop ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property as well as the County-owned sites.
Council selected developer for Mary Ave site in February.
Staff working to finalize Disposition and Development
Agreement by Summer 2025.
Create objective design standards for residential projects, including ensuring adequate buffers from neighborhood low-density residential development
Planning Commission and City Council will review and
approve project by December 2025.
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CITY OF CUPERTINO
Agenda Item
24-13567 Agenda Date: 3/18/2025
Agenda #: 11.
Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 3/13/2025Page 1 of 1
powered by Legistar™
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CITY COUNCILMEMBER REPORT
Meeting: Tuesday, March 18, 2025
Reporting Councilmember: Mayor Liang Chao
Report Dates: 2/7/25 to 3/11/25
● Last Activity Report in the February 19, 2025 Council Meeting Agenda.
Section 1: Announcement - Message from the Mayor:
❖ Mayor’s Initiatives
➢ You are welcome to submit entries to CupertinoStories.org. ➢ The first Dance at the Plaza will be held on Saturday April 12 from 3-5pm. ➢ The Cupertino Art Show will be held on Saturday May 24, from 12pm to 4pm in collaboration with the APPI Multicultural Festival.
❖ FY 2025-27 Work Program Prioritization: The staff has proposed a new process for Work Program Prioritization in an info memo. Check the Work Program page for updates. ➢ The Council has reviewed the initial top-10 lists at the 1/22 council meeting. Each councilmember has submitted their revised top-10 list and they will submit a ranking on 20 projects by February 28. See an upcoming info memo for the revised lists. ➢ At the March 3 Council Workshop, the Council ranked the projects. At the March 18 Council Meeting, the Council will identify a
final list for the FY 2025-27. Work Program.
■ Combined ranking sheet for all proposted items, shared with councilmembers at the meeting
● For the ranking, each councilmember assign 5 items for 10 points, 5 items for 7 points, 5 times for 4 points and 5 items for 1 points. ● The items are grouped into three groups: the green group for 12 top ranking items, the black group for 23 middle ranking items and the red group for 9 low ranking items.
■ Combined ranking sheet for the items in the middle black group ● For the ranking, each councilmember assign one point for 5 items in the middle black group.
● The temporary top list consists of the 6 items getting 2 or more votes from the middle black group plus the 12 items from the green group. ➢ At the March 18 Council Meeting, the Council will attempt to create a final list for consideration for the FY 25-26 budget.
➢ The final decision will likely be made in April/May before the Council adopts the FY 25-26 budget in June 2025.
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❖ The State of the City Address: Thank you for attending the State of the City Address on Wednesday February 26.
➢ The message was sent out to all attendees who signed up at the EventBrite:
It was truly an honor to have so many residents, organizations, businesses, and representatives from the community at our 2025 Cupertino State of the City. We talked through new initiatives for the community, key challenges we face, and also highlighted excellent accomplishments from the Santa Clara County Fire Department and West Valley Division Sheri
ff's Office.
We also invite you to participate in a new initiative, Cupertino Stories. Cupertino Stories allows everyone to help create history by sharing their Cupertino stories online. This citywide e
ffort is made possible by a collaboration across the Cupertino Library Foundation, Cupertino Historic Society, Cupertino Mayor Liang Chao, and local residents.
Together, we share a passion for making our city and community a better place.
If you missed the event, the video recording can be found here.
Additional links:
2025 State of the City Presentation
Poem for Cupertino
Press Coverage for the State of the City:
Mercury News
Singtao USA
World Journal
❖ Monthly Mayor’s Coffee Community Meetings: These meetings will be generally held on the second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will rotate so that we cover different businesses each month. ➢ The third Monthly Mayor’s Coffee was held on Monday March 10 at 5pm at Duan Chun Zhen NoodleHouse, a Taiwanese restaurant, who provided free appetizers for everyone. More than 30 people attended. I gave an update on actions from the last council meeting and answered questions.
■ Many had questions about the inadequate parking for Westport independent BMR housing and the 55 spaces to be taken away by the upcoming Mary Ave BMR housing. ➢ The next Mayor’s Coffee will be on Monday March 10th at 5pm. The location is TBD. ❖ Cupertino Mayor at the Chamber LAC Meeting: On Thursday February 6th, I spoke at the Legislative Action Committee (LAC) of the Cupertino Chamber with a presentation on Economic Development Reflection and Outlook. The video is already posted to the Chamber LAC page. ➢ I am happy to attend meetings at other organizations too with a presentation. You are welcome to submit your invitations to [email protected]. ❖ Process to Request Certificate of Recognition or Commendation:
➢ To ensure such requests are handled as smoothly and efficiently as possible, the City Manager’s Office has implemented a dedicated process.
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➢ We kindly ask that you complete the following form, which will allow Mayor Chao to present a certificate of recognition: https://cupertino.gov/councilmeetingrequest. ❖ Proclamations at Council meetings: This year, I plan to follow a tradition upheld by some former Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations during Council meetings. My goal is to honor those who have made consistent and/or signi
ficant contributions to Cupertino, with an emphasis on those who are less well-known. If you have any suggestions, please feel free to email me at [email protected].
Proclamations for contributions will generally be presented at the second Council meeting of each month, while the
first meeting will continue to recognize special observances (e.g., awareness months or weeks) as before. You are also welcome to submit suggestions for these recognitions.
Section 2: Committee Assignment
2025-02-13 2x2x2 FUHSD-CUSD-Cupertino School Partnership meeting at the FUHSD Office Section 3: Activities by Date (Date, Title, and Description):
NOTE:
● This list does not include internal meetings with sta ff only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services.
2025-02-09 Book Signing for Yue-sai Kan, the Most Famous Woman in China at the Community Hall
- "The Most Famous Woman in China" presents an enthralling journey through more than half a century of China's explosive economic expansion. The memoir unfolds as a multifaceted narrative, exploring Yue-Sai Kan's evolution from a determined refugee to a revolutionary media icon and in fluencer.
- ue-sai Kan produced the first show in the U.S. that introduced the U.S. audience to the . 2025-02-10 Mayor’s Chat at the Avachi Biryani 10251 S. De Anza Blvd, Cupertino - More than 30 residents attended.
2025-02-12 AlphaX RE grand opening
- A women-led real estate development company moved its office from San Jose to Cupertino. They focus on small scale developments using sustainable materials.
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2025-02-12 Meeting with SummerHill on a preliminary proposal to build townhomes on an existing office site and an update on their complete application for the Pizza Hut/Staple site
2025-02-13 Attended Woman Who Dare Award Ceremony in Burlingame 2025-02-14 Interview with Radio Zindagi (FOG Community Radio) 2025-02-16 Meeting with APAPA board member Jasmin Yang and US-China Chamber of Commerce with a presentation for products for seniors
2025-02-28 interview with U-Channel TV by Liam Yan
2025-03-01 Chinese New Year by API Alliance and US-China Chamber of Commerce - A great festival with a lot of food booths, including Chinese BBQ 2025-03-01 attended a lecture in Cupertino Library about books and a music composition based on the famous Chinese artist Beihong Xu by his daughter Fangfang Xu 2025-03-02 Annual Installation Ceremony for Global Federation of Chinese Business Women, Northern California Chapter at the Jade Tea Garden, Cupertino 2025-03-05 meeting with Startup Center at the California Science and Technology University (CSTU) for potential collaboration to use AI for Cupertino Stories project 2025-03-07 Meeting with Tech Icon, a project of a Cupertino High Student to interview technology leaders
- We will look into startup founders who lived or grew up in Cupertino for the Cupertino Stories project.
2025-02-08 Cupertino Little League Opening Ceremony
- Threw the opening pitch for the season as Cupertino Mayor 2025-02-08 International Women's Day Ceremony by A Compassionate World at the Union Church - A Compassionate World promotes compassion towards human being and also animals. - The keynote speaker has a sanctuary for farm animals who were discarded. She talked about the cruel treatment of animals for the mass production of milk. 2025-03-10 Mayor’s Chat at the Duan Chun Zhen Noodle House at the Maria Plaza
Section 4: Information of Interest to My Constituents: (no update since the last report)
1. Builders’ Remedy (BR) Projects
★ The Planning Sta ff has completed the “determination of completeness” reviews for the 4 533
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20739 Sco field Drive and Vista Heights projects. In both instances sta ff has determined that the application materials are incomplete, meaning the projects are no longer vested pursuant to Government Code Section 65941.1.
The letters that have been transmitted to the applicants are available on the City’s website here:
● Scofield: https://www.cupertino.gov/scofield
● Vista Heights: https://www.cupertino.gov/vistaheights ★ There is one more BR project that is still active: Dividend Homes at the northwest corner of Stevens Creek Blvd and De Anza. The project will replace the existing o ffice building with town homes.
★ Status of all BR projects
★ The July 25, 2024 info memo, titled “ Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy”, has information about what are BR projects and their review process.
2. License Plate Reader Camera - City-operated or personal ones ★ The Council has adopted the Automated License Plate Reader (ALPR) Camera program (Resolution 24-094) in order to alert the police when a license plate with previous record is detected. Some cameras are placed at major roads entering Cupertnio. ★ The residents or businesses can connect your home or business surveillance camera with the Santa Clara County Sheriff's Office. The registration form is at the bottom of this page.
Section 5: Information Access Useful to My Constituents:
1. Information Memo posted on the City website:
City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Council page. You can also find the page by entering search terms “info memos” at the top of the website. ★ Anyone may use the eNotification signup to receive informational memo updates by email.
★ The info memos are now hosted in the digital archive as all other city records. ★ Click “+” to zoom in.
★ On a laptop:
○ To open the document as PDF, click on the Print icon and then click on “Download & Print”. The downloaded PDF will appear in a new tab for viewing. ○ This does not work on Safari browser on an iPhone.
★ To copy and paste text, you must open it as PDF and then copy & paste from there.
New memos posted, since last report:
● February 28, 2025 - Housing Development as of February 2025(PDF, 195KB) ● February 27, 2025 - Loss of Retail and Sales Tax with Three Pending SB-330 Projects being Rezoned from Commercial to Residential Properties(PDF, 146KB) ● February 27, 2025 - Assistance for Intellectually Developmentally Disabled IDD 5 534
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Individuals and Households(PDF, 144KB)
● February 27, 2025 - Monthly Treasurer’s Investment Report for January 2025(PDF, 2MB) ● February 27, 2025 - Monthly Treasurer’s Report for January 2025(PDF, 307KB) ● February 13, 2025 - Parkland Dedication Fees(PDF, 243KB) ● February 13, 2025 - Analysis of City Council Meetings 2017-2024(PDF, 277KB) ● February 13, 2025 - City of Cupertino Recycled Water Feasibility Study(PDF, 4MB) ● February 13, 2025 - Step One Legislative Informational Memo(PDF, 6MB)
2. “Written Communication” for a City Council meeting:
○ When will an email sent to the City Council be included in the “Written Communication” file of a Council meeting?
○ From the City Clerk:
■ Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website.
■ Emailed comments related to non-agenda items and received following the agenda publication prior to or during the meeting will be posted upon request only if it is forwarded by a councilmember, to comply with the Muni Code.
3. Recordings of Commission Meetings:
Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation.
- Find the recordings here under each commission.
4. How to Search an agenda item:
A community member showed me a way to search for items on the past city meetings:
● Go to this page: https://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bottom row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “ All Years”
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1 CITY COUNCILMEMBER REPORT
Meeting: March 18, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 2/25/25 to 3/10/25
Item Date, Title, and Description:
Event 1. February 13, 2025 – Cities Association of Santa Clara County JPA Legislative Action Committee Meeting – I chaired this meeting of the Cities Association Legislative Action Committee in my capacity as 2nd Vice President of the JPA. We received a presentation from Asm. Patrick Ahrens of Assembly District 26, which includes Cupertino, Sunnyvale, Santa Clara, and parts of West San Jose. He went over his priorities in the current legislative cycle and his experience so far in the Legislature. Committee members had opportunities to ask questions directly of the Assemblymember. The Committee members also went over the legislative calendar for Sacramento for the year and were provided with helpful materials on the legislative process. The Committee also examined the Board’s draft priorities to consider alignment with Committee focus for the year and bill subject matter to monitor and consider for position statements later in the legislative cycle. Materials for this meeting are available at the Cities Association website here. [This item is an addendum to the February 24, 2025 Councilmember Report.]
Event 2. February 13, 2025 – Cities Association of Santa Clara County JPA Board Meeting – I attended this meeting in my capacity as 2
nd Vice President of the JPA and chair of its Legislative Action Committee in order to report out to the Board on the Committee’s work. Materials for this meeting are available here on the JPA’s website. [This item is an addendum to the February 24, 2025 Councilmember Report.]
Event 3. February 27, 2025 – Cities Association of Santa Clara County JPA Executive Committee Meeting – I attended this meeting in my capacity as 2 nd Vice President of the JPA.
The Committee considered the agenda for the next Board and Legislative Action Committee meetings as well as event planning and speakers for the remainder of the year. Materials for this meeting are available here on the JPA’s website.
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1 CITY COUNCILMEMBER REPORT
Meeting: March 18, 2025
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 2/25/25 to 3/10/25
Item Date, Title, and Description:
2/26/25: As a member of Silicon Vally Clean Energy Finance Committee, I attended the first Finance meeting for 2025 at which staff made a presentation on the mid-year budget, and explained the planning process going forward which included a comprehensive assessment of risks and opportunities expected in the next year.
2/26/25: Attended the State of the City event presented by Mayor Chao. Her comments touched on housing developments in the City, loss of retail, and loss of sales tax revenue.
2/28/25: Attended a prep session organized by City staff on the mid-year FY 2024-25 City’s budget. Despite significant loss of revenues in sales tax and transient occupancy tax, the City appears to have averted major cuts in services and staff. Much of the credit goes to City Manager and Department Heads for making difficult reductions in expenditures and arriving at creative solutions to minimize impact on the community.
3/5/25: Accompanied by City Staff, I visited the Simian Property site and the wall that has sparked concerns from the neighborhood. The Interim City Attorney has scheduled a closed session of the City Council to deliberate on this.
3/7/25 I participated in a panel discussion conducted by Tudip Technology in honor of International Women’s Day. I was one of 4 speakers who responded to questions on unconscious gender bias, income inequality and my personal story.
3/7/25: Meeting with neighborhood block leaders in the Rancho San Antonio neighborhood – and discussed the City’s Neighborhood Block program, its purpose and its community impact.
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1 CITY COUNCILMEMBER REPORT
Meeting: March 18, 2025
Reporting Councilmember: Vice Mayor Kitty Moore
Report Dates: 2/26/25 to 3/10/25
Item Date, Title, and Description:
February 26, 2025, West Valley Mayors and Managers’ meeting. Attended this meeting as an alternate for Mayor Chao. Work item suggestions were made in a productive discussion which focused on emergency preparedness, regional cooperation in an emergency, fire safety, CERT coordination, defensible space clearing policies, etc.
February 26, 2025. Cupertino State of the City address by Mayor Liang Chao.
Attended this event which may be viewed here:
https://www.youtube.com/watch?v=FMrfqThsfxo
February 28, 2025. Prep session with Staff regarding the Mid-Year Budget.
March 3, 2025. Special City Council Meeting: Goal Setting Workshop for the City Work Program. The current CWP process updates and dashboard may be accessed here: https://www.cupertino.gov/Your-City/City-Council/City-Work- Program This is an important process which includes prioritization of current and proposed projects and the restatement of the goals with revisions to be reflective of the current Council vision. Meeting materials may be accessed here:
https://cupertino.legistar.com/Calendar.aspx
March 4, 2025. Regular City Council Meeting. Meeting materials may be accessed here: https://cupertino.legistar.com/Calendar.aspx
March 5, 2025. 4th of July Subcommittee meeting with Staff. Robust discussion 540
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March 7, 2025. Staff meeting regarding upcoming agenda items.
March 8, 2025. Big Bunny 5k. Participated in this great and fun community- building event and helped Staff and Teen Commissioner MCs pass out medals.
March 8, 2025. Wilson Park Little League Season Opener. Attended the opening celebration and Mayor’s first pitch for the 2025. Play Ball!
March 10, 2025. Staff meeting on upcoming items.
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