Use/
Zoning Number
Size
Allowed Area &
Length
Location
Maximum
Height
Review Authority Review
Criteria
• Double faced
signs: Area of
larger face of sign
= Total Sign Area
• No portion of any sign over three
feet in height shall be located
within a corner triangle or
sidewalk sighte triangle.
Chapter 19.124
76. Update reference in Section 19.124.030 (I) to parking exception approval authority:
I. Tandem, Valet, and Other
Special Parking Arrangements
Tandem, Valet, and other special forms of parking
may be approved per Section 19.124.0650C.
77. Revise language in Section 19.124.040 to clarify intent and applicability of standard.
N. Landscape
Requirements
Applicable to all new centers and centers with a twenty-five percent or greater increase or decrease in floor area or a twenty-five percent or greater change in floor area resulting from a use permit or architectural and site approval within twelve months shall be required to meet the following minimum landscape requirements. However, the Planning Commission and/or City Council may recommend additional landscaping.
Chapter 19.132
78. Update Section 19.132.050 to refer to Conditional Use Permit findings:
Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made by the Planning Commission in accordance with Chapter 19.156 and shall be based on substantial evidence in light of the entire administrative record. 460
CITY OF CUPERTINO
Agenda Item
25-14326 Agenda Date: 10/7/2025
Agenda #: 17.
Subject: Request Cities Association of Santa Clara County (“CASCC”) to amend the Joint Powers Agency Agreement and Bylaws to rectify undemocratic practices pertaining to the election of Executive Officers, the method of selecting the Chair of the Legislative Action Committee, and to remove the requirement that Executive Officers be elected during a specific month; and to appoint Vice Mayor Kitty Moore to the CASCC Board for the 2026 term and support her election to the Executive Committee
1.Adopt Resolution No. 25-083 (Attachment A) requesting the Cities Association ofSanta Clara County amend the Joint Powers Agency Agreement and Bylaws to: 1)require all Executive Officer offices be held by member cities, not by individual councilmembers or appointed directors, and that all Executive Officers be appointees or alternates to the Board of Directors; 2) require the members of the Legislative ActionCommittee to elect that committee’s chair from its membership; and 3) remove theBylaw provision setting the time for annual elections of Executive Officers in November or soon after.
2. Adopt Resolution No. 25-084 (Attachment B) to appoint Vice Mayor Kitty Moore to the Board of Directors of the Cities Association of Santa Clara County for the 2026 term beginning in January 2026 and endorsing her candidacy in the election for ExecutiveOfficers.
3. Authorize Vice Mayor Moore, the appointed representative to the CASCC Board, to send a letter to the CASCC to inform them of the above resolutions approved by theCouncil and attach this Council Report by Mayor for information.
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™
461
OFFICE OF THE CITY ATTORNEY
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403 www.cupertino.org
01276.0006 2044851.1 1
CITY COUNCIL STAFF REPORT
Meeting: October 7, 2025
Subject
Request Cities Association of Santa Clara County (“CASCC”) to amend its Joint Powers Agency Agreement and its Bylaws to rectify undemocratic practices pertaining to the election of Executive Officers, the method of selecting the Chair of the Legislative Action Committee, and to remove the requirement that the Executive Officers be elected in a specific month.
Background:
This item has been agendized at the request of the Mayor. A detailed Council Report, authored by the Mayor, accompanies this item and provides the full analysis, context, and proposed actions.
Actions to consider:
1. Approve the recommended action.
2. Do not adopt Resolution No. 25-__ (Attachment A) and maintain the current structure..
3. Do not adopt Resolution No. 25-__ (Attachment B) appointing Councilmember Kitty Moore to the Board of Directors for 2026.
4. Modify one of both of the Resolutions.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item
Not a City Work Program Item
462
01276.0006 2044851.1
Council Goal
Transparency and accountability for representations on regional bodies, such as CASCC.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager
Attachments:
Council Report by Mayor Chao
A – Draft Resolution Requesting Amendments to the JPA Agreement and Bylaws B – Draft Resolution Appointing Vice Mayor Kitty Moore to JPA Board of Directors
C – Joint Powers Agency Agreement for the Cities Association of Santa Clara County, effective January 26, 2024 (redline)
D – Bylaws of the Cities Association of Santa Clara County Joint Powers Agency, approved May 9, 2024 (redline)
463
OFFICE OF THE MAYOR
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3200 • FAX: (408) 777-3366
CUPERTINO.GOV
CITY COUNCIL REPORT
Meeting: October 7, 2025
Subject:
Request Cities Association of Santa Clara County (“CASCC”) to amend the Joint Powers Agency Agreement and Bylaws to rectify undemocratic practices pertaining to the election of Executive Officers, the method of selecting the Chair of the Legislative Action Committee, and to remove the requirement that Executive Officers be elected during a specific month; and to appoint Vice Mayor Kitty Moore to the CASCC Board for the 2026 term and support her election to the Executive Committee.
Recommended Action:
1. Adopt Resolution No. 25-___ (Attachment A) requesting the Cities Association of Santa Clara County amend the Joint Powers Agency Agreement and Bylaws to: 1) require all Executive Officer offices be held by member cities, not by individual council members or appointed directors, and that all Executive Officers be appointees or alternates to the Board of Directors; 2) require the members of the Legislative Action Committee to elect that committee’s chair from its membership; and 3) remove the Bylaw provision setting the time for annual elections of Executive Officers in November or soon after.
2. Adopt Resolution No. 25-___ (Attachment B) to appoint Vice Mayor Kitty Moore to the Board of Directors of the Cities Association of Santa Clara County for the 2026 term beginning in January 2026 and endorsing her candidacy in the election for Executive Officers.
3. Authorize Vice Mayor Moore, the appointed representative to the CASCC Board, to send a letter to the CASCC to inform them of the above resolutions approved by the Council and attach this Council Report by Mayor for information. 464
Reason for Recommendation and Available Options
The CASCC is a regional body comprised of fifteen cities in Santa Clara County. In January 2024, the member cities adopted a Joint Powers Agency Agreement (“JPA”), thereby converting the prior unincorporated association into a Joint Powers Agency.
The stated goals of the JPA include, among others:
• building consensus on regional issues;
• providing a unified voice for member cities in legislative and policy advocacy; and
• respecting the principle of local control.
The current JPA and Bylaws specify the following:
1. The Board of Directors (“Board”) consists of one member appointed by each member city.
2. The Board shall elect the five Officers to serve on the Executive Committee (“EC”): President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President.
3. The President must be a member of the Board.
4. At least two Officers must be members of the Board.
5. The remaining Officers may be any Councilmembers from a member city, regardless of whether their city has appointed them to the Board to represent their city.
6. The Legislative Action Committee (“LAC”) shall be chaired by the Second Vice President and the LAC members shall be appointed by the member cities.
7. The Board shall elect the Officers at the November Board meeting or the first meeting held on or after November 1 of each year. (Art. IV, Section 2(b).)
The current practices are inconsistent with the stated democratic goals of JPA to represent member cities. Specifically, these provisions are concerning:
• Two Officers on the Executive Committee are not required to be appointed by any member city at a public meeting through democratic vote by their home city councils,
• The LAC Chair, designated as the Second Vice Chair, is not required to be appointed by any member city to either the Board nor to the LAC. The LAC could have two councilmembers from one member city, with one serving as the Chair,
465
• The LAC Chair, who is not required to be appointed by any member city, has the power to determine what bills to put on the agenda to discuss and provide narrative descriptions of the bills.
• Two members of the LAC may be from the same member city. This practice creates conflicts with the “one representative from each member City” rule provided in the Bylaws (Art. VI, Section 1(b).)
• The election of Executive Officers occurs each November, when the member cities usually appoint their representatives to the Board in late December or January.
We propose the following changes to the JPA and Bylaws to ensure that the Officers of CASCC and the LAC Chair consist of members appointed by each Agency Member at a public meeting to better align with the democratic goal of the CASCC.
1. Executive Committee Membership
Amending Article 10 of the JPA to require all Executive Officers offices be held by member cities, not by individual council members or appointed directors, and that all Executive Officers be appointees or alternates of the Board of Directors appointed by member cities.
2. Legislative Action Committee Chair
Amending Article 12 of the JPA to require the LAC members to elect its own Chair from among its appointed members.
3. Election Timing
Eliminating the requirement to elect Officers for the Executive Committee in November or soon after. The Board should have the flexibility to set election dates in a manner consistent with the appointments for the Board by member cities.
If there is a desire to continue to elect the Officers in November, the member cities might consider making appointments to the Board for the next year before the November election for the CASCC Officers to allow certainty that the elected Officers would be members of Board the following year.
To model best practices, we choose to make the appointment to the CASCC for the 2026 term, beginning in January 2026, in October 2025. And we express our support for the application of Vice Mayor Kitty Moore to serve as one of the Officers on the Executive Committee, ahead of the November election, to show that the Officers have the support of the member city in a resolution adopted at a public meeting. 466
Additionally, the draft resolution (Attachment B) approves the appointment of Vice Mayor Kitty Moore to represent the City of Cupertino as a member of the CASCC Board of Directors for the 2026 term beginning in January 2026, and supports her endorsement for election to the CASCC Executive Committee when that election next occurs.
Councilmember Moore is a Civil Engineer who has served Cupertino as a City Councilmember and Planning Commissioner for over six years. She has represented the City on the CASCC Board and the Legislative Action Committee since January 2025, and her extensive experience ensures she will continue to effectively represent the City and its interests.
Actions to consider:
1. Approve the recommended actions.
2. Do not adopt the resolution requesting the CASCC amend its JPA and Bylaws and maintain the current structure, though some Officers of CASCC and the LAC Chair may not be appointed by any city council of a member city at a public meeting.
3. Do not adopt the resolution appointing Vice Mayor Moore to the Board of Directors for the 2026 term and endorsing her in the election of Executive Officers.
4. Modify the Resolutions.
_____________________________________
Prepared by: Liang Chao, Mayor
Reviewed by: Kitty Moore, Vice Mayor
Floy Andrews, Interim City Attorney
Attachments:
A – Draft Resolution Requesting Amendments to the JPA Agreement and Bylaws B – Draft Resolution Appointing Vice Mayor Kitty Moore to JPA Board of Directors C – Joint Powers Agency Agreement for the Cities Association of Santa Clara County, effective January 26, 2024 (redline)
D – Bylaws of the Cities Association of Santa Clara County Joint Powers Agency, approved May 9, 2024 (redline)
467
RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REQUESTING AMENDMENTS TO THE JOINT POWERS AGENCY
AGREEMENT AND BYLAWS OF THE CITIES ASSOCIATION OF SANTA
CLARA COUNTY TO ENSURE FAIR AND DEMOCRATIC
REPRESENTATION
WHEREAS, the City of Cupertino is committed to promoting transparency, accountability, and democratic representation in all regional and intergovernmental bodies in which it participates, including the Cities Association of Santa Clara County (“CASCC”).
WHEREAS, in January 2024, a Joint Powers Agency Agreement (“JPA”) became effective, and reorganized the prior unincorporated association into a Joint Powers Agency. A copy of the JPA is attached as Exhibit A. In May 2024, the CASCC adopted Bylaws pursuant to Article 26 of the JPA. A copy of those Bylaws is attached as Exhibit B.
WHEREAS, the City of Cupertino, as a member agency of the CASCC, is concerned that certain provisions of the JPA undermine the fair and democratic representation of its member cities.
WHEREAS, the JPA sets forth as among its goals the development of consensus positions on issues of regional concern, the advancement of a unified legislative voice on behalf of its members, and respect for local control.
WHEREAS, the City Council of Cupertino finds that certain provisions of the JPA and Bylaws are inconsistent with those goals and create opportunities for undemocratic practices that concentrate unchecked decision-making authority in the CASCC Executive Committee.
A. Executive Committee Membership
WHEREAS, the JPA allows two of its five Executive Committee members to serve regardless of whether those two members were appointed by their city councils as either Directors or alternates to the organization’s Board of Directors, 468
thereby permitting two individuals to hold Executive Officer positions without a direct mandate from their home cities’ governing bodies.
WHEREAS, this structure enables certain individuals to act as Executive Officers on behalf of their cities without having been appointed by, or accountable to, their city’s city councils, contrary to principles of representative governance.
WHEREAS, this issue can be remedied by amending Article 10 of the JPA to ensure 1) that Executive Officer offices are held by member cities, not by their individual council members or appointed directors, and 2) that all Executive Officers be members or alternates to the Board of Directors, all of whom must be appointed by their respective city councils, pursuant to Article 8 of the JPA.
B. Legislative Action Committee Chair
WHEREAS, the Legislative Action Committee (“LAC”) is comprised of one representative from each member agency (JPA, Art 12; Bylaws Article VI, Section 1(b)), but these representatives do not elect the Chair of the LAC from its membership. Instead, the JPA automatically designates the Chair of the LAC is to be held by the Second Vice Chair of the Executive Committee. (JPA, Art. 12.) WHEREAS, the Second Vice Chair is not required to be and often is not a member or alternate of the Board of Directors, and therefore has not necessarily been appointed by their city council, yet still the Chair exercises significant legislative agenda-setting authority on behalf of CASCC.
WHEREAS, this structure also conflicts with Article 12 of the JPA and Article VI, Section 1 (b) of the Bylaws, both of which provide that no more than one representative from each jurisdiction shall serve on the LAC, a rule undermined when a member city has both its appointed representative as a member of the LAC, as well as its Second Vice Chair serving as the Chair of the LAC.
C. Election Timing
WHEREAS, Article IV, Section 2(b) of the Bylaws requires elections for Executive Officers occur in November of each year, a schedule that may conflict 469
with the seating of newly elected or re-elected city councilmembers in many jurisdictions.
WHEREAS, this restriction is unnecessary, as the Board of Directors is capable of establishing election timelines without a rigid calendar requirement.
NOW, THEREFORE, BE IT RESOLVED,
That the City Council of the City of Cupertino hereby requests that the Board of Directors of the Cities Association of Santa Clara County amend its Joint Powers Agency Agreement and Bylaws as follows:
1. Amend Article 10 of the JPA to require that all Executive Officer offices are held by member cities, not by individual council members or appointed directors, and that all Executive Officers be appointees or alternates to the Board of Directors.
2. Amend Article 12 of the JPA to provide that the Chair of the Legislative Action Committee shall be elected by and from the duly appointed representatives of the LAC, consistent with the one-representative-per- jurisdiction rule of Article 12 of the JPA, and Article VI of the Bylaws.
3. Amend Article VI, Section 2(b) of the Bylaws to eliminate the November requirement for Executive Officer elections, and instead permit the Board of Directors to set election timelines that align with member agencies’ council seating schedules.
BE IT FURTHER RESOLVED,
That the City Council of the City of Cupertino directs the Mayor, or the Mayor’s designee, to transmit this Resolution and its attached Exhibits A and B, along with a cover letter introducing these changes, to the Cities Association of Santa Clara County for discussion and action at the October 9, 2025 meeting of its Board of Directors.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of October, 2025, by the following vote:
Members of the City Council
470
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
471
RESOLUTION NO. 25-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPOINTING VICE MAYOR KITTY MOORE TO THE BOARD OF
DIRECTORS OF THE CITIES ASSOCIATION OF SANTA CLARA COUNTY FOR THE 2026 TERM AND IN SUPPORT OF HER ELECTION TO ITS
EXECUTIVE COMMITTEE
WHEREAS, the City of Cupertino is a member of the Cities Association of Santa Clara County (“CASCC”) and is therefore entitled to appoint one City Councilmember to serve as Director on the CASCC Board of Directors and one to serve as an alternate to the Board of Directors.
WHEREAS, Cupertino Councilmember, Kitty Moore, currently serving as Vice Mayor in 2025, is a Civil Engineer and a certified paralegal who has served the City of Cupertino as a City Councilmember and Planning Commissioner for over six years, and has represented the City as a Director on the CASCC Board of Directors and a member of the CASCC Legislative Action Committee since January 2025.
WHEREAS, Councilmember Kitty Moore has served on the Cupertino Audit Committee for three years and has solid experience in budgeting, reviewing expenditures, and thoughtfully evaluating financial policy. Kitty Moore has served for three years on the Cupertino Legislative Review Committee working with a Sacramento-based lobbying firm, is well informed of the state legislative process, and following the legislative process diligently.
WHEREAS, Councilmember Kitty Moore has been elected by regional members to serve as Vice Chair of the Santa Clara Valley Water Commission and as Chair of the Valley Transportation Authority Policy Advisory Committee for two consecutive years, demonstrating that her ability to lead is respected by her peers in other cities through service on these regional bodies (see Councilmember Moore’s Application for Cities Association Executive Committee as Exhibit A).
NOW, THEREFORE, BE IT RESOLVED,
472
That the City Council of the City of Cupertino hereby appoints Councilmember Kitty Moore to represent the City of Cupertino as a member of the CASCC Board of Directors for the 2026 term beginning in January 2026.
BE IT FURTHER RESOLVED,
That the City Council of the City of Cupertino hereby endorses Councilmember Kitty Moore to represent the City of Cupertino as a member of the CASCC Executive Committee when that election next occurs.
BE IT FURTHER RESOLVED,
That the City Council of the City of Cupertino directs the Mayor, or the Mayor’s designee, to transmit this Resolution to the Cities Association of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of October, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
473
1 From: Catherine “Kitty” Moore
Vice Mayor, City of Cupertino
To: Nominating Committee and Board Members: Larry Klein, Mayor of Sunnyvale/Board President, Tina Walia, Saratoga Councilmember/First Vice President, and Carmen Montano, Mayor of Milpitas/Board Member
RE: Position(s) Sought: 1st VP, 2nd VP or Secretary/Treasurer Greetings!
As Vice Mayor of Cupertino, I bring a unique blend of technical expertise, regional leadership experience, and deep community commitment to public service. I am in my second term on city council having been re-elected in 2024 with the highest number of votes, the largest vote margin to the next candidate in Cupertino history, and while running against 4 prior Cupertino Mayors.
As a child growing up in Vermont, my family was on foot stamps; I was financially independent at 18 and I attended university on a AFROTC scholarship working up to three jobs while in school. My husband, siblings, late father and uncles are all veterans of the US Armed Forces. I am mom to two adult sons who work together with my husband on a startup they are building.
I have a technical background working in Civil Engineering (designed street, grading, sewer, storm drains, and conducted hydrology studies, traffic studies, etc.) and am a certified paralegal with a lifelong dedication to learning—most recently completing both Basic and Advanced Environmental Studies Certificates to strengthen my effectiveness as a policymaker. Over the past seven years, I’ve served on the Cupertino City Council and previously as Chair of the Planning Commission, Chair of Cupertino’s Environmental Review Committee (4 years), Legislative Review Committee (served 3 years), Housing Element Strategic Advisory Committee, and Audit Committee (served 3 years). I’ve also represented Cupertino regionally as Vice Chair of the Santa Clara Valley Water Commission, 2-year Chair of the Valley Transportation Authority Policy Advisory Committee, and a Board Member of the Santa Clara County Library District JPA, where I was appointed to the Finance Subcommittee. I currently am appointed as primary to serve on the SCCCA LAC, BOD, and Selection Committee with Mayor Chao as the alternate. My work focuses on fiscally sound governance, transparent leadership, and collaborative solutions that serve all our communities.
My record reflects a strong commitment to environmental protection, public accountability, and smart financial stewardship. I uncovered over $64 million in idle city funds in 2024—securing higher returns for taxpayers—and established a Fraud, Waste, and Abuse hotline that strengthened internal controls and helped restore public trust after a 14-year embezzlement.
Environmentally, I spearheaded action on major cleanup efforts, including identifying more extensive hazardous waste contamination at the Vallco site, which led to long-overdue regulatory oversight after years of delays. I’ve championed local environmental ordinances, expanded affordable housing—including homes for extremely low-income residents with developmental disabilities—and secured tens of millions in grants for parks, streets, and public facilities.
Exhibit A
474
2 I have solid experience with budgets and review spending and financial policy thoughtfully having served 3 years on our Audit Committee and budget formatting subcommittee to increase public engagement and accessibility to the complexities of municipal budgeting. While the JPA budget is not as complex, having good policies in place and experience with oversight would be helpful for the organization. I have served 3 years on our Legislative Review Committee which is supported by a lobbyist. I understand the importance of having a legislative platform, and to fairly listen to committee members, along with the legal requirements conducting meetings and have advocated successfully for these to be met at the LAC where they were not. The LAC needs to have some consensus on a basic platform, fairness in proposing bills, and a reasonable limit to their number.
The JPA overall, will always need thoughtful stewards to promote a democratic body which supports and advocates for the needs of the member cities to fulfill the JPA Agreement Purposes particularly such as being a forum for the wider community and creating more opportunities to discuss approaches to each city’s strategies on regional issues. This year’s members, for instance, could have Article 2 – Creation and Purposes presented as an online survey, perhaps with additions from the President, to grade ourselves on our performance with comment space available for each item and the results could inform the JPA for next year’s work plan direction.
I would be humbled and honored to be able to bring this depth of experience, integrity, and results-driven leadership to the Santa Clara County Cities Association and look forward to supporting our cities to have solid, collective input from all members, as 1 st Vice President, 2nd
Vice President or Secretary/Treasurer.
Thank you all for your service to the Cities Association, your individual cities, and to all our constituents. The countless hours providing for and advocating for our region are genuinely appreciated!
Best regards,
Kitty Moore
Joint Powers Agency Agreement for Cities Association of Santa Clara County ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities; 475
3 2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members' and Agency's standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.
476
1 JOINT POWERS AGENCY AGREEMENT FOR CITIES ASSOCIATION OF SANTA CLARA COUNTY This Joint Powers Agreement ("Agreement" or "JPA") for the Cities Association of Santa Clara County is entered into by and among the cities ("Members"), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency ("Agency").
RECITALS
WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and
WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara ("County"); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit.
NOW, THEREFORE, the Parties agree to the following:
AGREEMENT
ARTICLE 1 - DEFINITIONS
1.1 "Associate Member" shall mean any non- city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein.
1.2 "Agency" shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement.
1.3 "Board of Directors" or "Board" shall mean the governing body of the Agency.
1.4 "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Agency.
477
2 1.5 "Fiscal Year" shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year.
1.6 "Government Code" shall mean the California Government Code, as amended.
1.7 "Joint Powers Law" shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended.
1.8 "Legislative Body" shall mean the legislative board of each Public Agency that is a Member of the Agency.
1.9 "Member" shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
1.10 "Parties" shall mean Members or Associate Members who are party to this Agreement.
1.11 "Public Agency" shall mean public agency as defined in Government Code Section 6500, as amended.
1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes.
ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities;
2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
478
3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members' and Agency's standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.
ARTICLE 3 - PARTIES TO AGREEMENT
Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members' obligations.
ARTICLE 4 - FORMATION; TERM
This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.
ARTICLE 5 - CREATION OF THE AGENCY
Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the "Cities Association of Santa Clara County Joint Powers 479
4 Agency" with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.
ARTICLE 6 - POWERS OF THE AGENCY
6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency's own name:
6.1.1 To make and enter into contracts;
6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;
6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;
6.1.4 To sue and be sued in its own name, and to settle any claim against it;
6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment;
6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended;
6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein;
6.1.8 To retain the services of agents, contractors, and consultants;
6.1.9 To receive, collect, and disburse monies;
6.1.10 To conduct studies, tests, evaluations, and similar activities;
6.1.11 To contract for services from Members, including in-kind services;
6.1.12 To conduct public outreach and education;
6.1.13 To participate in pilot and demonstration projects;
6.1.14 To charge for services, programs, and/or systems;
6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and 480
5 6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency.
ARTICLE 7 - RESTRICTIONS ON POWERS
7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member.
7.2 The Agency shall not have the power of eminent domain.
7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities.
7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property.
7.5 The Agency shall not have the power to hire employees.
7.6 The Agency shall not have the power to issue debt.
ARTICLE 8 - BOARD OF DIRECTORS
8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member's Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director ("Alternate") who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member's Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city.
8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21. 481
6 8.3 The Board of Directors shall have the following powers and functions:
8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons;
8.3.2 The Board shall elect an Executive Committee, as provided in Article 11;
8.3.3 The Board shall be the policy setting body of the Agency;
8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14;
8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members;
8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement;
8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency;
8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and
8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency.
ARTICLE 9 - MEETINGS OF THE BOARD OF DIRECTORS
9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting.
The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings.
9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting.
9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members 482
7 present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date.
9.5 Each Member of the Board shall have one vote.
ARTICLE 10 - OFFICERS
The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year.
All Of the Officers, the President, and at least two other Officers, Officers Directors must also be members of the Board of Directors or alternates to the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the Presidentany Officer ceases to be a Member or alternate of the Board, the resulting vacancy shall be filled by the alternate from thate City.at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy.
The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President maythee next highest level Officer shall preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law.
ARTICLE 11 - EXECUTIVE COMMITTEE
At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board.
The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously 483
8 approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency's annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 12 - COMMITTEES
The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice Presidentwhose chair shall be democratically elected by its membership and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 13 - CITY SELECTION COMMITTEE
The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency.
ARTICLE 14 - PROFESSIONAL SERVICES
14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors:
484
9 14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws.
14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency;
14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency;
14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget;
14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System ("PERS"), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and
14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law.
ARTICLE 15 - SIGNIFICANT PROGRAMS
If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may 485
10 appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members.
ARTICLE 16 - ACCOUNTS AND RECORDS
16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement.
16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members.
16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law.
16.4 Auditor's Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board.
16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara.
Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose.
ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY
17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency's funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency's funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below.
486
11 17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency.
17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency.
ARTICLE 18 - MEMBER RESPONSIBILITIES
18.1 Each Member shall have the following responsibilities:
18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8;
18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29;
18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and
18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate.
Removal of a Member for failure of the Director to attend meetings shall not relieve the Member from its obligations under any outstanding agreements relating to the Agency's financial obligations, except in accordance with this Agreement.
ARTICLE 19 - NEW MEMBERS
With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall 487
12 accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees.
ARTICLE 20 - WITHDRAWAL
A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at
the time of the notice of withdrawal.
ARTICLE 21 - REMOVAL
If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues.
ARTICLE 22 - OBLIGATIONS OF AGENCY
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6. 488
13 ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties.
ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS
24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest.
24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement.
24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses.
24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination.
ARTICLE 25 - INDEMNIFICATION
To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement.
489
14 ARTICLE 26 - BYLAWS
The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency.
ARTICLE 27 - NOTICES
The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws.
ARTICLE 28 - CODES
The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation.
ARTICLE 29 - AMENDMENT
This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members.
ARTICLE 30 - SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected.
ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the 490
15 Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members.
ARTICLE 32 - ASSOCIATE MEMBERS
Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency.
ARTICLE 33 - LIBERAL CONSTRUCTION
The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency.
ARTICLE 34 - NON-WAIVER
No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement.
ARTICLE 35 - REMEDIES FOR BREACH
If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy.
ARTICLE 36 - ARTICLE HEADINGS
All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement.
491
16 ARTICLE 37 - DISPUTE RESOLUTION
37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement ("Dispute") may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation.
37.2 Each Member shall bear its own costs, attorney's fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California.
ARTICLE 38 - INSURANCE
If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency.
Insurance under this provision may include an insurance pool program.
ARTICLE 39 - FILING WITH SECRETARY OF STATE
The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended.
ARTICLE 40 - COUNTERPARTS
This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding.
ARTICLE 41 - AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic. 492
CITY OF CAMPBELL
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
-B�iflseligm n n,city Attorney
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Date Date
APPROVED:
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CITY OF CUPERTINO
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
Christopher Jensen, City Attorney
Jan 17, 2024
Pamela Wu, City Manager
Jan 17, 2024
Date Date
494
CITY OF LOS ALTOS
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
Jo�e�Houston, City Attorney Gabrl�Manager
Date Date
495
TOWN OF LOS ALTOS HILLS
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
Steven Mattas, Town Attorney
1/23/2024 01/24/2024
Date Date
Peter Pirnejad, Town Manager
496
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DocuS,gn Envelope ID· 165F1B10-7C5E-415S-997A-FB841A314E07
TOWN OF LOS GATOS
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
Gabrielle W"""fi�e-la_n_,-To_w_n_A-tto-rney
APPROVED:
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Katy No'mu-·r-a-, A-ss-i-st_a_n_tT_o_w_n Manager
For Laurel Prevetti, Town Manager
Date Date
497
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CITY OF MILPITAS
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
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Michael Mutalipassi, City Attorney Ned Thomas, City Manager
Jan-24-2024 Jan-24-2024
Date Date
498
CITY OF MONTE SERENO
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
15? �
���owell, City Attorney
I - -3 0 - Lt'
• Date
499
CITY OF MORGAN HILL
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
- -�-�=,-===----� ...
Donald Larkin, City Attorney
Date Date
500
CITY OF MOUNTAIN VIEW
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
J
\)r-- \7/,;)'-f
Date Date
1µJhd_
501
DocuS1gn Envelope ID: D73B8578-9CFF-462E-9814-CB71F926DA7C
CITY OF PALO ALTO
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
r��Sl�_r----
Molly Stump, City Attorney
APPROVED:
r::··�:�::.
L\..lo,,,���----
Ed Shikada, City Manager
2/1/2024 1/31/2024
Date Date
502
CITY OF SAN JOSE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
Kevin Fisher, Assistant City Attorney
Feb 16, 2024
Toni J. Taber, City Clerk
16 February 2024
Date Date
503
1 CITY OF SANTA CLARA
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
I I�0 I 2-'f
Date Date
504
DocuSign Envelope ID: 079DBB93-B099-4823-853E-64615B5BAD0F
CITY OF SARATOGA
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM: APPROVED:
James Lindsay, City Manager
1/26/2024 1/26/2024
Date Date
Richard Taylor, City Attorney
505
CITY OF SUNNYVALE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Cities Association of Santa Clara County Joint Powers Agency
APPROVED AS TO FORM:
� RebeMoon, Interim
City Attorney
Date
APPROVED:
01276.0002 2046032.1
-
506
APPROVED MAY 9, 2024
BYLAWS
CITIES ASSOCIATION OF SANTA CLARA COUNTY JOINT POWERS AGENCY
ARTICLE I
PURPOSE AND PRINCIPAL PLACE OF BUSINESS
Section 1 . Purpose. The following Bylaws provide for the administration and management of the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).
The Agency was established through its member Cities’ adoption and approval of a Joint Powers Agreement (“Agreement”), attached hereto. The member Cities include Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale. Under Article 26 of the Agreement, the Board of Directors for the Agency shall adopt these Bylaws to establish the operating procedures and standards for the Agency. In the event of any conflict between these Bylaws and the Agreement, the Agreement shall prevail.
Section 2. Principal Place of Business. The principal place of business of this Agency shall be such place within the County of Santa Clara as may be designated from time to time by the Board of Directors of this Agency; and if none has been so designated, such place of business shall be the City Hall of the City of which the Agency President is a member of the legislative body.
ARTICLE II
MEMBERSHIP
Section 1 . Membership. Each City in Santa Clara County which has approved and executed the Agreement establishing this Agency, and which has paid in full the dues required under Article VII of these Bylaws shall be a member of this Agency.
Section 2. Suspension. As provided in Article 18.1.4 of the Agreement, if a member City elects to relinquish its status as a member of the Agency, or if a member City fails to be represented at four (4) or more consecutive meetings of the Board of Directors, then the Board of Directors may suspend that member City. As further provided in Article 21, any member City which is delinquent in payment of its dues shall automatically be deemed suspended from membership sixty (60) days after the date on which payment is due if the full payment has not been received, and it shall be the duty of the Secretary/Treasurer to promptly notify the City of its delinquency. Once suspended, the member City may not have any representation on the 507
Board of Directors and may not vote on matters coming before the Board of Directors. A suspended member City shall be restored to full membership upon its payment of the total dues assessment then due and payable in accordance with Article VII, Section 2.
Section 3. Associate Members. As provided in Article 32 of the Agreement, a non-City local agency may become an Associate Member upon application to and approval by the Board of Directors and execution of an Associate Membership Agreement. Such Associate Members shall also pay a membership fee as determined by the Board of Directors that considers that considers the Associate Member’s jurisdictional scope and the number of residents it serves, the role of the Associate Member in the Agency, and the benefits received by the Associate Member through membership in the Agency.
ARTICLE III
BOARD OF DIRECTORS
Section 1. Selection and Tenure . In accordance with Section 8.1 of the Agreement, the Board of Directors of this Agency shall be composed of a representative from each member City, selected by and from the legislative body thereof. Each Board member shall hold office at the pleasure of his or her City's legislative body, and selection shall be made in such manner as the respective legislative bodies of member Cities may themselves determine.
Section 2. Alternates. The legislative body of a member City shall select from among its members an alternate to represent that City on the Board of Directors and vote in the absence of the member from that City.
Section 3. Notice of Appointment . The legislative body of each member City shall, immediately upon the selection of one of its members as a member of Board of Directors, or as alternate, advise the Secretary/Treasurer of such appointment.
Section 4. Ex Officio Members. The Santa Clara County City Managers Association shall serve as advisors to the Agency and may appoint one of its members to serve as an ex officio member of the Board of Directors. The ex officio member may participate in deliberations but shall not participate in voting or in any of the privileges of membership, and shall not be counted for the purpose of determining whether a quorum of the Board is present.
Section 5 . Compensation. No member of the Board of Directors, including officers, shall receive any compensation from the Agency for his or her services as a member of the Board. No member of the Board, including officers, shall be entitled to reimbursement from the Agency for expenses incurred on Agency business unless such reimbursement shall be authorized in advance by the Board of Directors, or unless such reimbursement is authorized and distributed by the member’s respective city.
Section 6. Duties. It is the responsibility of the members of the Board to report to and solicit comments from their fellow City Council members on major issues and to keep their City Councils informed on the business of the Agency.
508
ARTICLE IV
OFFICERS
Section 1. Officers Designated. In accordance with Article 10 of the Agreement, the following officers shall be elected by the Board of Directors: President, First Vice President, Second Vice -President and Secretary/Treasurer. Officers shall be selected by the Board of Directors, from the Council Members and Mayors of member Cities.
Section 2. Term of Office.
a. The regular term of office for all officers shall commence upon election and shall be for a period of one (1) year. No person shall hold the same office for more than two (2) consecutive full terms.
b. Election of officers shall take place at the first meeting of the Board of Directors and annually thereafter at the regular meeting of the Board of Directors in November.
c.b. In the event a vacancy occurs during any officer's term of office, the Board of Directors shall determine whether to fill the unexpired portion of the term and may request that the President establish a nominating committee, as set forth in Section 6 below. If a vacancy occurs in the position of President, the Board of Directors shall fill the position at the next regular meeting or at a special meeting called to fill the vacancy, as provided in Article 10 of the Agreement. A person appointed to fill the unexpired portion of the term is not rendered ineligible to hold the same office in accordance with the provisions of Article IV, Section 2(a).
Section 3. Duties.
a. President. It shall be the duty of the President to preside at the meetings of the Board of Directors and to perform such other duties as ordinarily pertains to the office of President of like types of organizations.
b. Vice Presidents. It shall be the duty of the First and Second Vice -Presidents, in that order, to act in the place and stead of the President during the President's absence or inability to act.
c. Secretary/Treasurer. Consistent with Articles 16 and 17 of the Agreement, the Secretary/Treasurer shall be responsible for the review of all financial accounts and records and the disbursal of funds by the Agency so that they are in accordance with the Agreement, these Bylaws, and the directions of the Board of Directors. In accordance with Section 9.3 of the Agreement, the Secretary/Treasurer shall see that minutes of all Board and Committee meetings are recorded. The day-to-day operation and performance of the Secretary/Treasurer’s duties may be delegated 509
to an Executive Director for the Agency, but in that instance, the Executive Director shall not become an Officer or Board member for the Agency.
Section 4. Executive Director. In accordance with Section 14.1.1 of the Agreement, the Board of Directors may contract with an independent consultant to serve as Executive Director until the Executive Director resigns or the Board of Directors terminates the services of the consultant pursuant to the terms of a written agreement for professional services. The Executive Director shall have such duties as may be determined by the Board of Directors, consistent with the professional services agreement.
Section 5. General Counsel. In accordance with Section 14.1.2 of the Agreement, the Board of Directors may contract with an independent consultant to serve as General Counsel until the General Counsel resigns or the Board of Directors terminates the services of the consultant pursuant to the terms of a written agreement for professional services. The General Counsel shall have such duties as may be determined by the Board of Directors, consistent with the professional services agreement.
Section 6. Nominating Committee. A nominating committee consisting of three (3) Board members shall be appointed by the President no later than two (2) meetings before the meeting at which officers for the following year will be elected. The President shall appoint at least one (1) Executive Committee member and at least one (1) Board member who is not a member of the Executive Committee to the nominating committee. At the meeting immediately preceding the meeting for the election of officers, this nominating committee shall present its nominations for officers for the following year. Additional nominations may be made from the floor at the meeting where the election is to be conducted, providing the consent of the nominee has been secured.
ARTICLE V
MEETINGS
Section 1. Schedule and Locations. Regular meetings of the Board of Directors shall be held, at a minimum, every other month at a time and location determined by the Board of Directors . The Board of Directors shall schedule periodic meetings of the general membership, to include all members of legislative bodies of member Cities.
Section 2. Notice and Meetings. The Agency is a legislative body for purposes of the Brown Act (Govt. Code 54950 et seq). Notice of the time and place of all regular meetings shall be given in writing by the Secretary/Treasurer or a designee to all members of the Board at least three (3) days prior to the meeting. Such notices may be sent by electronic mail. Notice of special meetings shall be given by the Secretary/Treasurer or a designee to all Board members at least one (1) day in advance and in the manner required by the Brown Act. The Secretary/Treasurer or designee shall be responsible for preparing and posting agendas of regular Board meetings at least 72 hours prior to the meeting and in compliance with the Brown Act. 510
Section 3 . Quorum. A majority of the members of the Board of Directors shall constitute a quorum to do business at any such regular or special meeting. Whenever a quorum is not present, the meeting shall be adjourned or postponed to a subsequent time and place as determined by the President.
Section 4. Voting. The affirmative vote of a majority of the members of the Board of Directors present at a meeting, rather than a majority of all of the Board of Directors’ members, shall be sufficient for approval of a proposed action. Each member City shall have one vote.
Section 5. Rules of Order. Subject to the provisions of these By -Laws, the meetings of the Board of Directors shall be governed by Rosenberg’s Rules of Order.
ARTICLE VI
COMMITTEES
Section 1. Standing Committees.
a. Executive Committee. The Executive Committee shall act to accomplish, administer and facilitate the goals and the purposes of the Agency at the direction of the Board of Directors. As provided in Article 11 of the Agreement, the Executive Committee shall consist of the officers of the Board of Directors ; including the Immediate Past President, if still a Council Member or Mayor of a member City. If the Immediate Past President is no longer a Council Member or Mayor of a member City, a Director at Large may be appointed to the Executive Committee to fill the vacancy.
The Director at Large shall
be a Council Member or Mayor of a member City appointed by the President upon approval of the Board. The Vice Chair of the Legislative Action Committee shall be appointed to serve on the Executive Committee in the absence of the Chair of the Legislative Action Committee.
b. Legislative Action Committee . The membership of the Legislative Action Committee shall consist of one representative from each member City. The representative shall be a Council Member or the Mayor. Each City shall also appoint an alternate to serve on the Legislative Action Committee in the absence of the designated representative. The alternate shall be a Council Member or the Mayor. Each member City, represented by either the representative or the alternate, shall have one vote. The representative of a member City who serves on the Board of Directors (or alternate to the Board) may also serve as the member City’s representative to the Legislative Action Committee (or alternate to the Committee). The purpose of the Legislative Action Committee is threefold. First, the Committee would enable the Agency to advocate on issues of interest to Santa Clara County cities in an organized, effective manner and assist in the development of state -wide legislative policy through local and state government and CalCities. With respect to this advocacy and policy development, the Committee will submit its recommendations to the Board of Directors. If the Board accepts a 511
recommendation, the Chair of the Committee will transmit the Agency’s position to the appropriate official, committee, or policy -making body. Second, the Committee would provide basic legislative information to cities with little or no legislative staff, upon request. Third, the Chair of the Committee and the Board President may organize emergency responses to urgent legislative issues, consistent with prior decisions made by the Board of Directors.
c. City Selection Committee . The City Selection Committee shall have the membership and purposes set forth in Government Code sections 50270- 50279.4 and shall be governed by the requirements of such sections. In accordance with state law, the membership of the City Selection Committee shall consist of the Mayor of each City in the County, whether or not any such City is a member of the Agency. When the Mayor is unable to attend a meeting of the City Selection Committee, the Mayor shall designate another member of the city’s legislative body to attend and vote at the meeting as the Mayor’s representative. Eight (8) votes are required to appoint representatives to boards, commissions or agencies.
Section 2. Other Committees Authorized.
a. A nominating committee will be appointed as required and in accordance with the provisions of Article IV.
b. The President, with the consent and approval of the Board of Directors, may appoint such committees as may be necessary from time to time, and designate the chair and the purpose of each such committee. Subject to the Board of Directors’ consent and approval, any elected official of any member City shall be eligible to serve upon any such committee.
Section 3. Quorum. A majority of the members of each committee shall constitute a quorum to do business at any such regular or special meeting. Whenever a quorum is not present, the meeting shall be adjourned or postponed to a subsequent time and place as determined by the Chair.
ARTICLE VII
FINANCES
Section 1 . Budget. In accordance with Article 8.3.5 of the Agreement, on or before April 30 of each calendar year, the Board of Directors shall approve a budget for the Agency for the fiscal year commencing with July 1 of the same calendar year. A copy of the budget when approved and a copy of the final budget when adopted shall be transmitted to each member City.
Section 2. Significant Programs. In accordance with Article 15 of the Agreement, any program or activity that requires $10,000 or more (as adjusted by CPI) in annual expenditures shall require approval by a two- thirds vote of the members of the Board of Directors. Any components of the annual operating budget proposed pursuant to Article VII, Section 1 that qualify as a significant program shall be subject to this two-thirds vote approval requirement, 512
whether those significant programs are proposed as a part of the annual operating budget or as a subsequent, mid-year budget adjustment.
Section 3. Dues. Each Member City shall pay to this Agency annual membership fees in accordance with a dues schedule adopted by the Board of Directors as part of the annual operating budget on or before April 30 of each year. Dues shall be for the fiscal year commencing July 1 and shall be an amount for each member City based upon the approved annual operating budget. The full amount shall be due and payable on or before July 1 of each year. Any City becoming a member of this Agency during a fiscal year shall pay the full dues for that year prior to exercising any rights of membership.
Section 4. Funds. All funds received by the Agency from the membership or any other source shall be deposited in a financial institution or institutions determined by the Secretary/Treasurer and disbursed only by persons designated by the Board of Directors as signers on the account including the Executive Director, the Secretary/Treasurer, and the President.
Section 5. Accounting. In accordance with Article 16 of the Agreement, every year, an audit of the Agency’s finances shall be completed and copies thereof shall be filed with the Board of Directors and the County Auditor for Santa Clara County. Upon request, a complete written account of all receipts and disbursements during the previous year, showing the opening and closing balances shall be prepared by the Secretary/Treasurer or a designee. Copies thereof shall be made available to the Board of Directors. On a quarterly basis, bank and reconciliation statements shall be reviewed and approved by the Secretary/Treasurer. Quarterly reports of accounting and investments shall be prepared and made available to the Board of Directors by the Secretary/Treasurer or a designee.
ARTICLE VIII
ADOPTION AND AMENDMENTS
Section 1. Adoption. These Bylaws shall become effective upon the affirmative vote of a majority of the Board of Directors present and voting.
Section 2. Amendments. These Bylaws may be amended only in the following manner:
Proposed amendments shall be submitted in writing to the Board of Directors for approval, and if approved, shall thereafter be submitted in writing to each member City of the Agency at least thirty (30) days before action thereon is required by the membership. An affirmative vote of the majority of the Board of Directors present and voting shall be required for approval. 513
CITY OF CUPERTINO
Agenda Item
25-14207 Agenda Date: 10/7/2025
Agenda #: 18.
Subject: City Manager Report
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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Wednesday, October 1, 2025
A Message from the City Manager
Hello Neighbors,
October is a special month in Cupertino as we approach our City’s 70th anniversary of incorporation, with events continuing throughout the fall. I hope you’ll join us at highlights such as Cupertino Restaurant Week, the “My Cupertino” Art Showcase, and the Community Service Awards, where we will recognize Commissioners and this year’s CREST Award honorees.
In this issue, you’ll find updates on community programs, safety reminders, and ways to get involved, along with upcoming events like Diwali, Cybersecurity Awareness, and Active Transportation Workshop. Find recaps of recent activities, from Bike Fest to Coastal Cleanup Day, and see what’s been happening in the community!
Thank you for staying connected and engaged. Read the rest of the newsletter at cupertino.gov/cmnewsletter.
Warm Regards,
Tina Kapoor
Interim City Manager
515
CITY OF CUPERTINO
Agenda Item
24-13578 Agenda Date: 10/7/2025
Agenda #: 19.
Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
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516
CITY COUNCILMEMBER REPORT Meeting: Tuesday, October 7, 2025 Reporting Councilmember : Mayor Liang Chao Report Dates : 8/1/25 to 8/31/25 ● Last Activity Report in the September 16, 2025 Council Meeting Agenda Section 1: Announcement - Message from the Mayor : ❖ Mayor’s Initiatives and other updates: ➢ Cupertino Stories : You are welcome to email entries to [email protected]. ■ Thank you to Cupertino Science Technology University (CSTU) for managing the project.
They
have
developed
tools
to
convert
audio/video
stories
to
text.
■ The website will be redesigned soon to accept story submissions. ❖ Monthly Chat with Mayor 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.
❖ Process to Request Certificate of Recognition or Commendation: 1 517
➢ To ensure such requests are handled as smoothly and efficiently as possible, the City Manager’s Office
has
implemented
a
dedicated
process.
➢ 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
significant
contributions
to
Cupertino,
with
an
emphasis
on
those
who
are
less
well-known.
If
you
have
any
suggestions,
please
feel
free
to
me
at
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
2025-08-27 attended the West Valley Mayors and City Managers Meeting 2025-08-27 attended the Santa Clara County Recycle and Waste Reduction Committee meeting Section 3: Activities by Date (Date, Title, and Description): NOTE: ● This list does not include internal meetings with staff 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.
2025-08-06 Cupertino Bell Ringing for the World Peace, hosted by the Cupertino-Toyokawa Sister Cities
Association
at
Memorial
Park
- The 6th annual Community Bell Ringing for the World Peace event is attended by community members
and
members
from
the
4 sister
cities
and
students
who
participated
in
the
exchange
student
program.
- Toyokawa is closed to the sites of atomic bombs which ended the World War II and we remember the
civilian
victims
of
the
war
and
call
for
peace.
2025-08-06 Interview with Homestead FBLA on community engagement - From the invitation: “For this academic year, we are considering focusing our project towards sustainability
and
technology
challenges.
However,
we
are
still
in
the
planning
process
and
are
open
to
any
new
ideas
or
challenges
faced
by
people
and
businesses
that
high
schoolers
can
address.
We
are
contacting
you
in
hopes
to
receive
your
input
on
our
ideas
and
gain
some
insights
into
the
community’s
needs.”
2 518
2025-08-8 interview with El Estoque magazine of Monta Vista High School on the Mary Ave. low-income
housing
project
2025-08-09 Attended the Silicon Valley Youth Climate Summit at Campbell Heritage Theatre - The summit was well attended by many teenagers. The invited speakers come from nonprofits and
industry
and
also
knowledgeable
teenagers.
2025-08-09 India Independence Day Parade by Association of Indo Americans (AIA) at the Discovery Meadow
Park
and
brought
a
Cupertino
City
flag
to
display
on
the
car
- The parade route goes from downtown San Jose to the Discovery Museum, where there was a flag
raising
ceremony
for
India
Independence
Day.
2025-10-13 visited the San Jose Conservation Corps + Charter School in San Jose - They have a charter school to give those who didn’t finish high school to complete the missing classes
and
get
the
high
school
diploma.
They
also
provide
paid
on-the-job
training
for
students
and
corp
members
to
work
on
conservation
or
construction
jobs.
- They have a food pantry on site for the students and corp members and they have built tiny homes
on
site
for
the
students.
2025-08-12 participated in the Smart City Panel as a panelist at the Create the Future Summit in San Francisco
- Attended sessions on various topics for the future of work and artificial intelligence. 2025-08-15 India Independence Day Flag Raising at the Cupertino Civic Plaza, by the Cupertino-Bhubaneswar
Sister
City
Committee
2025-08-16 attended the Grand Opening of Dharma Drum Mountain Silicon Valley Center in Cupertino
2025-08-16 attended the West Coast Asian Foodie Festival and Expo at the San Mateo Event Center, hosted
by
O.M.G.
Entertainment,
in
collaboration
with
the
Peninsula
Economic
Alliance
- There are food booths from various cultures outside and many booths indoor with free tasting, including
vendors
who
have
just
gotten
adopted
by
Costco
or
are
just
entering
the
U.S.
market.
2025-08-16 attended the Night Market at the De Anza College - organized by the Cupertino Chamber of
Commerce
- There were performances around 3pm when the distinguished guests were introduced. There were
not
many
booths
from
vendors
in
the
afternoon
yet.
3 519
2025-08-16 attended the Sri Krishna Janmashtami Festival in Milpitas, by the India Heritage Foundation
2025-08-17 attended the HOG Parade at Fremont and brought a Cupertino City flag to display on the car
2025-08-17 attended the graduation ceremony of the 10-week volleyball summer program by the Tianmu
Valleyball
program
- The instructors were high school students and attendees are K-8 students 2025-08-22 attended Art Exhibition by the Friends of Children with Special Needs (FCSN) in their headquarter
in
Fremont
- Impressive art work and sculpture by children and adults with special needs. 2025-08-23 attended Kids Fun Festival (KFF) at Memorial Park, hosted by Taiwanese Culture and Sports
Association
(TCSA)
- The 15th Annual Kids Fun Festival is one of the largest family-friendly festival in the Bay Area.
This
year
welcomes
130
booths,
including
an
international
village
with
booths
from
multiple
countries.
This
year
added
the
“Dream
Big
Village”
to
inspire
children
to
explore
future
careers
through
interactive
exhibits.
2025-08-23 attended a meeting with Garden Gate neighborhood, regarding their concerns about the Mary
Avenue
project
- The meeting was well attended and residents were frustrated that they did not know about the project
when
it
was
first
proposed.
They
feel
Mary
Ave
already
has
a
lot
of
activities,
from
the
Memorial
Park
and
even
high
school
running
clubs.
The
reduction
of
parking
spaces
is
a
big
concern
since
the
area
already
feel
congested
to
them.
2025-08-23 attended the Musical Afternoon - Harmony with Heart by Balaji Seva Foundation in San Jose
2025-08-24 attended the speech from Inner Health to Outer Beauty, hosted by the Taiwanese Chamber of
Commerce
at
the
Jade
Tea
Garden
in
Cupertino
- The dining hall was jam packed with attendees for the event. 2025-08-28 attended Sunnyvale Leadership 40th Anniversary event in Sunnyvale Community Center - It was great to see that the organization started by a former Sunnyvale Mayor continued going strong
after
40 years.
The
10-month
long
program
costs
$1,500
with
monthly
meetings.
2025-08-29 visited the Hanover Winchester apartment next to the Winchester Mystery House 2025-08-29 attended the 92th Anniversary of Filipino Community Center in San Jose - A couple of Filipino community members had the foresight to purchase the land and build the community
center
92 years
ago.
4 520
2025-08-30 attended the Hebei Business Forum by the Hebei Chamber of Commerce at the Blackberry Farm
picnic
site
2025-08-31 attended the Indian Tech Icon Award Ceremony, hosted by Women Innovators in Tech (WIT),
at
the
Santa
Clara
University
- The Indian Tech Icon Awards is a global initiative recognizing the outstanding achievements of Indian-origin
professionals
in
the
technology
sector.
Section 4: Information of Interest to My Constituents: (updated on 4/8) ● Builders’ Remedy (BR) Projects (Status of Projects) ★ BR Projects with incomplete application status ( pursuant to Government Code Section 65941.1.) ● 20739 Scofield (one block from Faria Elementary School, zoned R1-10): The project will replace one single-family home with 20-unit, 5 story, condominium
on
15,004
sqft
(0.34
acre)
lot
● Vista Heights (near entrance of Linda Vista Park) : The vacant site, zoned RHS, will build 33 units (8 condominiums and 25 single family homes on vacant
hillside
property
of
86.1 acres.
● Upland Way (11841 Upland Way, zoned RHS-70) : 6 single family homes, including 2 affordable units, on vacant hillside property of 1.56 acres with average
slopes
greater
than
30%
★ Other active BR projects: ○ Dividend Homes (20085 & 20111 Stevens Creek Blvd) , to the east of the Fire Station, on 2.6 acres, zoned R4 and commercial mixed use. The project will replace two existing office buildings
with
57 for-sale
townhomes.,
including
12 affordable
units.
○ Dividend Homes (20045 & 20065 Stevens Creek Blvd), to the east of the Fire Station, on 1.77 acres, zoned commercial mixed use. The project will replace existing office buildings with
32 for-sale
townhomes.,
including
6 affordable
units.
★ Relevant News on the determination of incompleteness for BR projects: ○ “Los Gatos Files Declaratory Relief Action to Resolve Land Use Uncertainty” (Press Release from the City of Los Gatos) ■ “That section [Gov. Code 65941.1] provides that applicants for land use approvals have
90 days
after
an
initial
180-day
deadline
to
submit
any
missing
information
needed
to
complete
a
formal
application
for
a
so-called
“builder’s
remedy”
housing
project.
That
section
further
stipulates
that
if
the
missing
information
is
not
submitted
“within
the
90-day
period,
then
the
preliminary
application
shall
expire
and
have
no
further
force
or
effect.”
■ “In an apparently conflicting reading, in letters dated August 30, 2024 and February
12,
2025,
the
California
Department
of
Housing
and
Community
Development
(HCD)
stated
its
view
that
there
is
not
just
one
90-day
period
but
that
successive
90-day
periods
can
run
indefinitely
.
By
filing
this
lawsuit,
the
Town
is
acting
in
good
faith
so
that
it
will
know
how
to
comply
with
the
law
and
ensure
it
can
continue
to
serve
its
residents
and
property
owners,
while
lawfully
processing
land
use
applications.”
★ Other docs: ○ The July 25, 2024 info memo, titled “Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy”, has information about proposed BR projects and their 5 521
review process.
● Other Residential Projects - complete applications submitted, not yet approved: ○ Pizza Hut/Staples/ Fontana's (20770, 20830, 20840, & 20850 Stevens Creek Blvd). adjacent to the Cupertino Crossroads Shopping Center): on 2.97 acres, zoned commercial mixed use. The project will
replace
existing
retail
stores
with
59 townhome
condominium
units
across
eight,
three-story
buildings
○ United Furniture (10065 & 10075 Stevens Creek Blvd, across from Vallco) , on 2.72 acres, zoned commercial mixed use. The project will replace existing retail stores with 55 townhome condominium
units,
with
10 ADUs,
three-story
buildings
○ Stevens Office Center (20813, 20823, 20883 and 20807 Stevens Creek Blvd) , on 6.93 acres, zoned commercial mixed use. The project will replace two office buildings and one retail building with 122
for-sale
units
(66
small-lot
single
family
and
56 townhomes),
including
24 affordable
units
○ 20865 McClellan Rd: on 0.99 acres, zoned R3TH. The project will replace one single-family home with 27 townhomes, including 4 affordable units, in three-story buildings ○ Evulich Court (10857, 10867, 10877 & 10887 Linda Vista Dr): on 2.53 acres, zoned R3TH. The project will replace 4 single-family homes with 51 townhomes, including 11 affordable units ● Other Residential Projects - SB 330 preliminary application submitted, but not complete applications:
○ Wolfe Road Housing Project (10333 N. Wolfe Road) : 250-300 total units across the 5-acre property. It will be 100% rental apartments. The affordable housing will benefit those making 80% or
less
of
the
area
median
income
(AMI).
■ a full report on our Listening Phase at this link. ■ February 12 Community Co-Creation Event at Collins Elementary School ● Other Residential Projects - Revision of already approved projects: ○ Westport Senior Assisted Living Housing (revision submitted): The developer Related has submitted
a
revision
to
add
more
units,
reduce
retail
space,
remove
the
underground
garage
and
request
a
waiver
of
Parkland
dedication
Fee.
It
is
going
to
the
Planning
Commission
in
May
■ Previous approval in 2021 and 2024: Westport (21267 Stevens Creek Blvd) ○ Marina Plaza (10145 N. De Anza Blvd, 10118 Bandley Dr.), on 5.1 acres, zoned commercial and mixed use: The project will add more units, slightly reduce retail space, deliver over smaller for-sale
starter
homes
under
1500
sq.
ft.
and
an
outdoor
amphitheater.
■ Previous approval in 2022L Marina Plaza.
● 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 (not updated):
1. Public Comments Webpage and Email A new page has been added to the City’s website on how to submit public comments for Council 6 522
meetings. It explains the process for submitting written comments on City Council agenda and nonagenda
items. A dedicated email address, [email protected], was created for members of the public to send in their comments. This email address is also posted on City Council agendas.
The intent of using this dedicated email is to ensure comments are efficiently routed and tracked. Emails sent to this address are automatically distributed to the City Council, City Manager, Deputy City Manager, and City Clerk, and an autoresponder confirms receipt. This process is especially helpful during periods of high public input. Comment Submission Guidelines:
2. 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
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: ● No new info memos published since February 28 ● 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” 7 523
is selected from the bottom row of tabs. ○ Enter the search term, such as “investment report”. Choose the year or select “All Years”
8 524
1 CITY COUNCILMEMBER REPORT
Meeting: October 7, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 9/9/25 to 9/29/25
Item Date, Title, and Description:
Event 1. September 10, 2025 – Silicon Valley Clean Energy (SVCE) Board Meeting– I participated in the SVCE Board meeting in my capacity as Cupertino’s representative on this JPA’s Board of Directors. Meeting materials are available on the SVCE website here.
Event 2. September 11, 2025 – CASCC Legislative Action Committee (LAC) Meeting – I chaired the LAC Meeting of the Cities Association of Santa Clara County JPA in my capacity as the organization’s Second Vice-President. The LAC voted to recommend that the Board adopt support positions on all of the following pieces of legislation: SB 346 (allowing cities to collect specific information on short-term rentals to better administer local hotel taxes), and AB 476 (clamping down on metal theft), as well as AB 670 and its companion bill AB 726 (allowing cities to count certain types of housing rehabilitated or converted to deed-restricted affordable housing in their Annual Progress Reports documenting progress toward meeting Regional Housing Needs Allocation (RHNA) targets). I stayed for the subsequent Board meeting to present the outcome of the LAC meeting. The Board adopted the positions recommended by the LAC. Meeting materials are available on the CASCC website here.
Event 3. September 13, 2025 – Silicon Valley Fall Fest – I attended the annual Fall Fest—a 40- year tradition put on by the Cupertino Rotary Club in Memorial Park. The event was well- attended lively.
Event 4. September 22, 2025 – Meeting with the Interim City Manager – I attended a meeting with Interim City Manager Kapoor to discuss upcoming agenda items and items of interest to residents.
525
City Council Councilmember Report
2 Event 5. September 24, 2025 – Cupertino Chamber of Commerce Speaker Series – I attended the second event in the Chamber’s speaker series, this time featuring Dr. Alonso Vera discussing NASA and its efforts to return to the moon and continue on from there to Mars.
Event 6. September 25, 2025 – CASCC Executive Committee Meeting – I attended the Executive Committee meeting of the Cities Association of Santa Clara County JPA in my capacity as the organization’s Second Vice-President. We discussed the logistics of the upcoming October Board and LAC meeting, as well as the nomination process for selecting next year’s Executive Committee. The October LAC meeting will be cancelled for anticipated lack of quorum based on the presence of the majority of the LAC members in Long Beach for the League of Cities conference. Meeting materials are available on the CASCC website here.
Event 7. September 25, 2025 – Cupertino Chamber of Commerce Small Business BBQ Mixer – I attended this Chamber of Commerce mixer to meet small business owners in Cupertino and help assess their needs in building stronger business in the city.
Event 8. September 26, 2025 – Assemblymember Patrick Ahrens’ “Grill & Govern” Fall BBQ Mixer – I attended and briefly spoke at this community informational and social event put on by Assemblymember Patrick Ahrens at Santa Clara Central Park. The event was exceptionally well attended.
Event 9. September 29, 2025 – Tour of Re-Opened Whole Foods Market – Store management kindly took me on a tour of the newly renovated Whole Foods Market on the day that it reopened. The refresh appears to have been well received and the store was very busy despite a lack wide publication of the reopening.
526
1 CITY COUNCILMEMBER REPORT
Meeting: October 7, 2025
Reporting Councilmember: Councilmember Sheila Mohan
Report Dates: 9/9/25 to 9/29/25
Item Date, Title, and Description:
9/9/25: Met with representatives of the library district who updated me on plans for the various new initiatives at city libraries, including Storybook playspace.
9/10/25: Along with members of the Rotary, I visited all the city parks and streets where artistic. bike racks have been installed. This is a public-private initiative developed by the Rotary in partnership with the City. The bike racks are intended to beautify our public spaces and provide a convenient and safe place to lock up bikes. Locations include Memorial Park, McClellan Ranch, the Library field, and Wilson Park.
9/18/25: At the request of the CEO of the Silicon Valley Central Chamber of Commerce, I, along with the City’s Economic Development Manager met to hear plans to create opportunities that benefit Bay Area Cities during the 2026 Games. I suggested that the Chamber make a presentation to the newly formed Economic Development Committee with the intention of involving the City in the celebrations pertaining to the Superbowl and World Cup Soccer.
9/22/25: Along with Interim City Manager Kapoor, I met with a group of residents in the Mary Ave neighborhood. We listened to the group’s objections to the Mary Ave project, explained the rationale behind the City’s position, and updated them on actions that the City is taking to fully understand and possibly mitigate the impact to the community. This includes a traffic study which focuses on parking and bike/pedestrian lanes, increasing cross walks where necessary and enhancing signage to better direct vehicular traffic to areas outside of May Ave.
527
1 CITY COUNCILMEMBER REPORT Meeting: October 7, 2025 Reporting Councilmember: Vice Mayor Kitty Moore Report Dates: 9/9/25 to 9/29/25 Item Date, Title, and Description: September 11, 2025. Santa Clara Valley Transportation Agency Policy Advisory Committee meeting. VTA Headquarters. Agenda packet: https://santaclaravta.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=4267&Inline=True Item 8 included an opportunity to apply for TFCA funding. This could help supplement the SV Hopper program. Item 10 included recommending approval of funding for Homestead improvements for Safe Routes to School, however that will need supplemental funding. Because the borders are variable along Homestead I have separately requested that the funding percentages be prorated according to potential costs. Meeting slides from a separate Homestead Safe Routes to School meeting which have more specifics on the project are here: https://www.vta.org/projects/documents?project=1534431#docaccess-50e3e85342e7f74ff508792f452baa6e4c29ccf046244eb03b0dbce73048fba1 and the 35% plan is here: https://www.vta.org/sites/default/files/2024-05/Homestead%20Road%20SRTS%20Concept%20Layout%20%28Draft%2035%25%20Design%29%20-%20Compressed%20Web%20Compatible.pdf VTA landing page on the project is here: https://www.vta.org/projects/homestead-safe-routes-school September 11, 2025. Santa Clara County Cities Association Legislative Action Committee meeting. Sunnyvale City Hall. Meeting agenda packet here: https://citiesassociation.org/meetings/legislative-action-committee-meeting-september-11-2025/#/tab-agenda-packet September 11, 2025. Santa Clara County Cities Association Board of Directors Meeting. Sunnyvale City Hall. Agenda packet here:
528
City Council Vice Mayor Moore Report
2 https://citiesassociation.org/meetings/board-of-directors-meeting-september-11-2025/#/tab-agenda-packet September 12, 2025. Stevens Creek Corridor Steering Committee. San Jose City Hall. This meeting went over the Stevens Creek Corridor Vision Study prior to the item coming to Cupertino City Council for direction. San Jose’s webpage for the project: https://www.sanjoseca.gov/your-government/departments-offices/transportation/transportation-planning/stevens-creek-boulevard-corridor-vision-study Cupertino’s webpage for the project: https://www.cupertino.gov/Your-City/Departments/Public-Works/Transportation-Mobility/Transportation-Plans-Studies/Stevens-Creek-Boulevard-Corridor-Vision-Study September 15, 2025. Special Meeting of the Cupertino City Council. Commission Interviews for Housing Commission and Economic Development Committee. All openings were filled. September 16, 2025. Regular Meeting Closed and Open Session, Cupertino City Council. September 17, 2025. Audit Committee Ad hoc Subcommittee on Budget Format. This is an ongoing project to bring a more accessible and pleasing format to the community which in turn may increase public engagement. September 20, 2025. Coastal Cleanup Day at Wilson Park entrance to Regnart Creek. This year there was a lot more plastic trash in the creeks than in past cleanups. Please volunteer for these rewarding creek cleanups to keep our creeks and the bay clean.
529
City Council Vice Mayor Moore Report
3 September 22, 2025. Staff Meeting with Mayor. September 25, 2025. WildFire Summit. Stanford University. Hosted by Supervisor Abe-Koga. This summit discussed the health impacts of wildfires, insurance issues, new wildfire severity maps, vegetation clearance requirments, and home resilience retrofitting. Marin County’s tax measure was discussed. There is a possibility that a JPA for regional fire safety may be explored by the Supervisor at some time in the future.
September 25, 2025. ILG webinar on CEQA impacts from AB 130 and SB 131. September 27, 2025. Cupertino Fall Bike Fest at Civic Center Plaza. This was a very well-attended event! The 10 mile Tour of Cupertino was particularly great this year with Black Mountain Composite cyclists leading the tour and providing safety instruction and tips as we headed to the new Jollyman All-inclusive Playground, Memorial Park, through the new protected bike lanes at Lawson Middle School, to Lawrence Mitty Park which has approved funding and is finalizing design for a naturalistic park, and back through the Regnart Creek Trail to finish the tour. Mayor Chao and Supervisor Abe-Koga made speeches for this popular event. Thank you to Staff and many, many volunteers for another awesome Fall Bike-Fest!
530
City Council Vice Mayor Moore Report
4 September 29, 2025. Staff Meeting with Mayor. September 29, 2025. Whole Foods Cupertino Re-opening Tour with Staff. Whole Foods has made many improvements to their refreshed store which is open and busy as ever! September 29, 2025. Meeting with Staff RE Art in Lieu of Fee upcoming agenda item. 531
CITY OF CUPERTINO
Agenda Item
25-14087 Agenda Date: 10/7/2025
Agenda #: 20.
Subject: Upcoming Draft Agenda Items Report
CITY OF CUPERTINO Printed on 10/1/2025Page 1 of 1
powered by Legistar™
532
Upcoming Draft Agenda Items
CITY OF CUPERTINO
C
ity Council
Monday, October 13, 2025
Study SessionStudy Session
25-14318 Subject: Study session on Santa Clara County healthcare cost and funding and impact of federal funding
Closed Session
25-14341 Subject: Public Employee Appointment Consideration; California Government Code Sections 54954.5(e) and 54957(b)(1); Title: City Manager Action Calendar
25-14320 Subject: Accept Ad-Hoc Legislative Review Committee (LRC) City Council Subcommittee recommendation regarding Measure A Presentations
25-14329 Subject: Legislative Updates from California State Senator Josh Becker and California State Assemblymember Patrick Ahrens
Tuesday, October 21, 2025
Study SessionStudy Session
25-14241 Subject: Study session on Municipal Code Amendments to Municipal Code Chapters 19.148 (Required Artwork in Public and Private Developments) and addition of a City Council Art-in-lieu fee policy.
Environmental Recommendation: Categorical Exemption. File No.:
MCA-2025-003 Applicant: City of Cupertino; Location: Citywide (heard last, after action calendar)
Ceremonial Items
25-14214 S ubject: Recognition of the years of service for the Cupertino Rotary Club 25-14215 S ubject: Recognition of the years of service for Cupertino Lions Club 25-14351 Subject: Recognition of Monta Vista High School students for earning 8th place in the 2025 Science Olympiad National Tournament
25-14352 S ubject: Recognition of October as Domestic Violence Awareness Month Consent Calendar
25-14337 Subject: Adopt a resolution increasing the employer's contribution for medical and hospitalization insurance consistent with the Public Employees’ Medical and Hospital Care Act (“PEMHCA” or the “Act”) for retired annuitants hired with the City of Cupertino prior to August 2004
DRAFT
533
Wednesday, October 01, 2025
25 -14369 Subject: Second reading and enactment of Municipal Code Amendments for consistency with Senate Bill 450 and minor text edits, amending multiple chapters of the Municipal Code. (Application No.:
MCA-2024-004; Applicant: City of Cupertino; Location: Citywide) 25-14231 Subject: Business license renewal procedure update and establishment of an amnesty period for outstanding renewals
24-13598 S ubject: Approval of October 7, 2025 City Council minutes 25-13709 Subject: Approval of a Resolution ratifying Accounts Payable for week ending ___
Future Agenda Items
25-14088 S ubject: Upcoming Draft Agenda Items Report
Action Calendar
25-14162 S ubject: Introduction of Amendments to Municipal Code Section 2.88.100 Duties-Powers-Responsibilities of the Audit Committee
Councilmember Reports
24-13579 S ubject: Councilmember Reports
City Manager Report
25-14208 S ubject: City Manager Report
Tuesday, November 4, 2025
Study SessionStudy Session
24-13288 Subject: Update on regional studies and plans to assist the unhoused; Update on other current and proposed efforts to address homelessness; Study Session on Unhoused Services and Programs.
25-14156 Subject: An update on the development of the Active Transportation Plan, including a summary of Phase 1 activities and an overview of what to expect during Phase 2
Ceremonial Items
25-13644 S ubject: Recognition of November 29, 2025 as Small Business Saturday Consent Calendar
25-13654 Subject: Mitigation Fee Act - the Annual & Five-Year Report for Fiscal Year (FY) 2025-2026
24-13599 S ubject: Approval of October 21, 2025 City Council minutes 25-14239 Subject: Award a contract to XXX for Blackberry Farm Golf Course Maintenance Services for a total not to exceed amount of $XXX. 25-14287 S ubject: Fiscal Year 2024-25 Bhubaneswar Sister City Reimbursement 25-14368 Subject: Approval of procedures for issuing proclamations and certificates
DRAFT
534
Wednesday, October 01, 2025
25 -14213 Subject: Approval of an agreement to replace Cupertino’s HR and Financial Enterprise Resource Planning (ERP) system (IT - Teri Gerhardt) 25-14330 Subject: Second Reading Ordinance No. 25-XXX - Audit Committee Powers and Functions - placeholder
Public Hearings
25-14149 Subject: Amendment to FY 25-26 Fee Schedule to establish fee for ministerial two lot Urban Lot Splits
25-14150 Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code and making local exceptions as mandated by the State of California.
Future Agenda Items
25-14089 S ubject: Upcoming Draft Agenda Items Report
Action Calendar
25-14181 Subject: A Resolution rescinding Resolution 24-022 and amending the resolution establishing rules governing recruitment, attendance, appointments, and vacancies on City advisory bodies, pertaining to nepotism
25-14143 Subject: Introduce an ordinance for Municipal Code Amendments to add a new section relating to filming and permits
25-14299 Subject: Revisions to the Commissioners Handbook pursuant to updates in the City Council Procedures Manual
Councilmember Reports
24-13580 S ubject: Councilmember Reports
City Manager Report
25-14209 S ubject: City Manager Report
Presentations
25-14307 Subject: Presentation from Hsinchu Sister City delegation regarding recent student exchange
25-14251 Subject: Emergency Operations Center (EOC) Operational Overview presentation (10 min) (Jim Frawley and Ken Ericksen)
25-14147 Subject: Presentation from Toyokawa Sister City delegation regarding recent student exchange
25-14148 Subject: Presentation from Bhubaneswar Sister City delegation regarding recent student exchange
Tuesday, November 18, 2025
Consent CalendarConsent Calendar
DRAFT
535
Wednesday, October 01, 2025
25 -14144 Subject: Second reading and adoption of an ordinance for Municipal Code Amendments to add a new section relating to filming and permits 25-14099 Subject: Adopt a maximum rate schedule for Rate Period Six (RP 6) for Recology to provide recycling, organics, and solid waste collection, recycling and organics processing services, and transport for disposal as calculated using the allowed and approved methodology in the Franchise Agreement (Attachment A)
25-14151 Subject: Second reading and enactment of Municipal Code Amendments to Cupertino Municipal Code Chapter 16 (Building Code) to Adopt the 2025 California Title 24 Building Standards with Local Amendments 24-13600 S ubject: Approval of November 4, 2025 City Council minutes 25-13710 Subject: Approval of a Resolution ratifying Accounts Payable for week ending ___
25-14323 Subject: Microsoft Enterprise Software Licensing Agreement with Dell, utilizing Riverside County’s statewide competitively awarded Microsoft Enterprise Agreement for licensing of Microsoft programs, systems, and databases for a total amount not to exceed $xx, including a 10% contingency in the amount $xxx, for a 3-year term beginning from January 1, 2026, to December 31, 2028
Public Hearings
25-14354 Subject: Municipal Code Amendments to Municipal Code Chapters
19.148 (Required Artwork in Public and Private Developments) and addition of a City Council Art-in-lieu fee policy.
Environmental Recommendation: Categorical Exemption. File No.:
MCA-2025-003 Applicant: City of Cupertino; Location: Citywide 25-14200 Subject: Appeal of fee determination made by the City Collector for Business License renewal; public hearing pursuant to Cupertino Municipal Code (CMC) Section 5.04.480(C); Appellant: Annie Lee; Business: Lee's Sandwiches; Business Address: 20363 Steven Creek Blvd, Cupertino, CA 95014 (Postponed from September 3, 2025)
Future Agenda Items
25-14090 S ubject: Upcoming Draft Agenda Items Report
Action Calendar
25-14271 S ubject: Capital Improvement Programs City Hall Improvements project City Manager Report
25-14210 S ubject: City Manager Report
Tuesday, December 2, 2025
Ceremonial ItemsCeremonial Items
DRAFT
536
Wednesday, October 01, 2025
25 -14183 Subject: Recognition of City Manager's Office in line with the League of California Cities' City Manager Awards
Consent Calendar
25-14201 Subject: Accept Federal grant funding and award design professional services agreement to XXXXXXXX for a total-not-to-exceed contract amount of $XXX,XXX for the McClellan Road Bridge Reconstruction Project.
24-13601 S ubject: Approval of November 18, 2025 City Council minutes Future Agenda Items
25-14091 S ubject: Upcoming Draft Agenda Items Report
Action Calendar
25-14125 Subject: Introduce first reading of an ordinance to make minor and technical corrections to the Cupertino Municipal Code as follows:
amending (Title 5 Business Licenses and Regulations, Chapter 5.04 Administration, Section 5.04.480 Appeal Procedure) and (Title 11 Streets and Vehicles, Chapter 11.28 Miscellaneous Parking Regulations, Sections
11.28.010 Definitions and 11.28.050 Sale of Merchandise) Councilmember Reports
24-13581 S ubject: Councilmember Reports
City Manager Report
25-14211 S ubject: City Manager Report
Thursday, December 11, 2025
Election of Mayor and Vice MayorElection of Mayor and Vice Mayor 25-14100 S ubject: a. Councilmembers elect Mayor
b. Councilmembers elect Vice Mayor
c. Mayor and Vice Mayor Oath of Office
Tuesday, December 16, 2025
Consent CalendarConsent Calendar
25-14128 Subject: Second reading and enactment of an ordinance to make minor and technical corrections to the Cupertino Municipal Code as follows:
amending (Title 5 Business Licenses and Regulations, Chapter 5.04 Administration, Section 5.04.480 Appeal Procedure) and (Title 11 Streets and Vehicles, Chapter 11.28 Miscellaneous Parking Regulations, Sections
11.28.010 Definitions and 11.28.050 Sale of Merchandise) 24-13602 S ubject: Approval of December 2, 2025 City Council minutes 25-13711 Subject: Approval of a Resolution ratifying Accounts Payable for week ending ___
25-14309 S ubject: Approve Council 2026 Committee Assignments
DRAFT
537
Wednesday, October 01, 2025
25 -14310 Subject: Approve 2026 Council Calendar
Future Agenda Items
25-14092 S ubject: Upcoming Draft Agenda Items Report
Councilmember Reports
24-13582 S ubject: Councilmember Reports
City Manager Report
25-14212 S ubject: City Manager Report
DRAFT
538