CC 11-18-2025
Item No. 15
Approval of City
Manager Employment
Agreement
Supplemental Report
CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 18, 2025
Agenda Item #15
Subject
Approval of City Manager Employment Agreement; Proposed Amendments to the Appointed Employees’ Compensation Program
Recommended Action
1. Adopt Resolution No. 25-___ approving the City Manager Employment Agreement between the City of Cupertino and Tina Kapoor (Attachment A), and authorize the Mayor to execute the agreement; and
2. Adopt Resolution No. 25-___ amending the Appointed Employees’ Compensation Program (Attachment C)
The corresponding attachments, listed below are included in this supplemental report
Attachments Provided with Supplemental 1:
A – Draft Resolution approving the City Manager Employment Agreement B – Draft Employment Agreement for City Manager
C – Draft Resolution amending the Appointed Employees’ Compensation Program D – Draft Amended Appointed Employees’ Compensation Program (Redline) E – Draft Amended Appointed Employees’ Compensation Program (Clean) F – Press Release announcing City Manager
RESOLUTION NO. 25-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
TINA KAPOOR, CITY MANAGER, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS the City Council appointed Tina Kapoor as Acting City Manager at the May 2, 2025 City Council Closed Session.
WHEREAS the City Council appointed Tina Kapoor as Interim City Manager at the June 17, 2025 City Council Closed Session.
WHEREAS the City Council appointed Tina Kapoor as City Manager at the November 4, 2025 City Council Closed Session.
WHEREAS, this City Manager appointment is subject to the terms outlined in the City Manager Employment Agreement (“Employment Agreement”), attached hereto as Exhibit A;
WHEREAS, the terms, conditions and provisions of the Employment Agreement have been reviewed and approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the aforementioned Employment Agreement and authorizes the Mayor to execute said agreement on behalf of the City of Cupertino.
BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Quality Act of 1970 and the State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because the Employment Agreement would have no or only a de minimis physical impact on the environment. Where it can be seen with certainty that the action does not have the potential for causing a significant effect on the environment, CEQA does not apply. The foregoing determination is made by the City Council in its independent judgment.
Resolution No. 25-___
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of November 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
01276.0004 2066170.1
CITY OF CUPERTINO
AT- WILL CITY MANAGER EMPLOYMENT AGREEMENT
This AT- WILL CITY MANAGER EMPLOYMENT AGREEMENT (“ Agreement”) is entered into and made effective the 18th day of November 2025, by and between the CITY OF CUPERTINO, a general law city and municipal corporation (“ City”) and Eshverya Gianchandani aka Tina Kapoor, an individual (“ Employee”).
R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of Cupertino (hereinafter the City Council”) to employ an individual to serve in the position of City Manager, which position is prescribed by statelaw and the City’s Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a City Manager form of government shall define the powers and duties of the City Manager; and
WHEREAS, the powers and duties of the City Manager of the City areset forth in Section
2.28.040 of the Cupertino Municipal Code; and
WHEREAS, pursuant to the Cupertino Municipal Code Section 2.28.010, “[ t]he City Manager shall be appointed by the City Council solely on the basis of his or her experience, administrative, and executive ability. He shall hold office at and during the pleasureof the City Council . . . [;]” and
WHEREAS, the City requires the servicesof a City Manager; and WHEREAS, based on Employee’ s executive and administrative qualifications and ability, the City Council desiresto employ Employee to serveasthe City Manager for the City; and WHEREAS, Employee has the required level of education, experience, skills and expertise to serveasthe City Manager of the City; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of City Manager servicesto the City and its related agencies; and WHEREAS, the parties wish to establish the terms and conditions of Employee’ s provision of City Manager professional servicesto the City and its related agenciesthrough this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agreeasfollows:
01276.0004 2066170.1 2
A G R E E M E N T
1.0 EMPLOYMENT & DUTIES
1.1 Duties. City hereby employs Employee as City Manager for the City to perform the functions and duties of the City Manager, asspecified in the City’ s Municipal Code, the Government Code of the State of California, and the job description attachedheretoasExhibit “A”, and to perform suchother legally permissible and proper duties and functions as the City Council shall, from time-to-time, direct or assign. City reserves the right to amend the job description for City Manager attached hereto as Exhibit “ A”, which defines City Manager functions and duties, as it deems necessaryand appropriate, without requiring Employee’ s acquiescence or an amendment of this Agreement.
Employee shall perform these functions and duties in an efficient, competent, and ethical manner and shall devote her best efforts and full- time attention thereto.
1.2 Work Schedule. It is recognized that Employee is
expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City.
Employee acknowledges that proper performance of the duties of City Manager will require Employee to generally observenormal businesshours, asset by the City and may be duly revised from time- to- time, which will also often require the performance of necessary services outside of normal business hours.
Notwithstanding the foregoing, the City will permit Employee such reasonable time off” asis customary for exempt employeesof the City, so long asthe time off does not interfere with normal business. Employee’ s compensation ( whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.
1.3 Other Activities. Employee shall focus her professional time, ability, and attention to City business during the term of this Agreement.
Employee shall not engage, without the expressprior written consentof the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any servicesof a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might causea conflict- of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of City Manager.
1.4 Employment Status. Upon appointment to the City
Manager position, Employee shall serve at the will and pleasure of the City Council and understands that she shall be an “ at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except asexpressly provided in 01276.0004 2066170.1 3
this Agreement, including any due process pre- disciplinary “ Skelly” meeting.
The City may terminate Employee at any time in accordancewith Section 3.4 below.
1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agencyor court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity not connectedwith the performance of services under this Agreement, except as required by ( a) law, ( b) any governmental agency, ( c) subpoena, or (d) an order issuedby a court of competent jurisdiction.
1.6 FLSA Exempt Status. Employee agrees that her position is that of an exempt employee for the purposesof the Fair Labor StandardsAct FLSA”).
2.0 COMPENSATION AND REIMBURSEMENT
2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s baseannual compensationshall be Three Hundred and Twenty- Seven Thousand Dollars and No Cents ($ 327, 000. 00) annually Salary”), which shall be paid on a pro-rated basis bi-weekly at the sametime that other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll- related liability costs.
2.2 Additional Compensation. For the services rendered pursuantto this Agreement and to compensateEmployee for future increasesto the cost of living, Employee’ s base annual compensation shall be increased by three percent (3.0%) effective the first pay period after July 1, 2026, and an increase of an additional three percent ( 3%) effective the first pay period after July 1, 2027. This Section shall not limit the City’s obligation to conduct an annual salary review in connection with its annual performance review noted in Section 5.2 of this Agreement for the purpose of considering an additional increase to Employee’ s salary.
2.3 Annual Salary Review. The City Council and Employee shall conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 5.2. Following the annual performance review, Employee may request a further increase to her base salary, and the City may 01276.0004 2066170.1 4
further increase the Employee’ s annual salary. Any action to approve an increase must be approved by a majority vote of the Council at a public meeting.
2.4 Highest Paid Employee. Notwithstanding Employee’ s annual baseSalary assetforth herein, the annual salary of Employee shall never be less than the annual base Salary ( excluding overtime, other pay, or any incentive compensation) of the City’s next highest paid employee.
2.5 Written Amendment Required To Effectuate Base Salary Adjustment. Except otherwise provided in this Agreement, a change in base Salary shall only be by written amendment to this Agreement.
2.6 Deferred Compensation. Subject to the applicable IRS limitations that may be in effect at the time – currently $ 23,500 annually – the City shall contribute on a monthly basisthe maximum amount into Employee’s deferred compensation account.
2.7 CalPERS Reporting. Employee acknowledges that the
City makes no representation, and Employee shall not rely on any representation, that any possible bonus earned shall not be “compensation earnable” under CalPERS law and regulations for purposes of calculating Employee’ s CalPERS service retirement benefits.
3.0 TERM
3.1 Commencement & Effective Date. Employee shall
commence her services hereunder at 12: 01 a.m. Pacific Standard Time on November 19, 2025 or such earlier date upon which the City Council and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement (“Effective Date”).
3.2 Term. The term of this Agreement will be for three ( 3) yearsfollowing the Effective Date (“Term”) (i.e. until 11:59 p.m. on November 18, 2028) and, thereafter, the term of this Agreement may be extended for such an additional term(s) asEmployee and City Council mutually deemappropriate, as evidenced by a written amendment signed by both parties.
3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least thirty ( 30) days’ advancewritten notice. In the event Employee terminates this Agreement, Employee expressly agrees that she shall not be entitled to any severancepay.
3.4 Termination by City. The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reason(s). The City Council’ s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Administrative Rules and Regulations, the Municipal Code, other state or federal 01276.0004 2066170.1 5
law requiring any other form of pre- or post- termination hearing, appeal or other administrative processpertaining to termination, or pastCity practicesrelated to the employment, discipline or termination of the City’ s employees, except as required by law. Nothing herein shall be construedto createa property interest, where one does not exist by rule of law, in the position of City Manager. Upon appointment to the City Manager position, Employee remains an at-will employee serving at the pleasure of the City Council.
a) Termination by City for Cause. The City may
terminate this Agreement for cause at any time by providing Employee with five 5) businessdays’ written notice of the termination for causeand the facts and grounds constituting such cause. For purposes of this Agreement, the term cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: ( 1) material breach of this Agreement; ( 2) willful and material violation of the City’ s Municipal Code; ( 3) willful or persistent material breach or neglect of duties; (4) résumé fraud or other acts of material dishonesty ; (5) insubordination ( which shall be defined as a repeated failure to carry out a lawful directive or lawful directives of the City Council made by the City Council asa body); ( 6) corrupt or willful misconduct in office; ( 7) conviction of a misdemeanor involving moral turpitude ( i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law; ( 8) willful destruction or misuse of City property; (9) habitual intoxication while on duty, whether by alcohol, prescription drugs, or non- prescription drugs where they are being used in a manner not authorized by Employee’s treating physician; (10) use or possession of illegal drugs; ( 11) inexcusable absence without an authorized leave of absence; (12) willful political activity involving the support of candidates for the City Council; ( 13) theft or attempted theft; ( 14) material dishonesty in violation of the law; ( 15) a finding supported by a preponderance of the evidence that legally prohibited personal acts of harassment against a City official or employeeor legally prohibited personalactsof discrimination against a City official or employee has occurred; ( 16) a finding supported by a preponderanceof the evidence that legally prohibited acts of retaliation against any City officer or employee or member of the general public has occurred; ( 17) willful violation of any conflict of interest or incompatibility of office laws provided, however, that the good- faith reliance on advice of counsel regarding compliance with said laws shall not be considered a willful violation); ( 18) performance of material outside business interests that conflict directly with the activities and duties as City Manager, but not including educational or professional training programs conducted by Employee whether for personal financial gain or not; (19) refusal to take or subscribeto any oath or affirmation which is required by law; ( 20) any illegal act involving personal gain; or ( 21) abuse of office or position” as defined in Government Code §53243.4 ( i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City Council may, in its discretion, place Employee on paid administrative leave until resolution. If the City terminates for cause this 01276.0004 2066170.1 6
Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
b) Termination by City Council Without Cause. The
City Council may terminate Employee at any time without causebut ratherbased upon management reasons, including but not limited to: ( i) change of administration or ( ii) incompatibility of management styles. In the event Employee is terminated without cause, such action shall be provided and delivered to the Employee in writing. Employee further expresslyagreesthat she shall not be entitled to any severance pay as the result of the termination of this Agreement except asprovided in Section 4.1 below.
c) Elections. In no event may Employee be
terminated effective within ninety ( 90) days before or after any municipal election for the selection or recall of one or more of the members of the City Council.
3.5 Announcement of Separation. In the event that Employee provides notice of intent to terminate this Agreement pursuant to Section 3.3, City and Employee shall work in good faith to prepare a joint press release or statement, the contents of which shall be mutually agreeable to City and Employee, for release within five ( 5) calendar days of delivery of notice of a party’s intent to terminate, and shall defer making any public comments regarding the termination of the Agreement prior to the release of the agreed- upon statement. The joint press release or statement shall not contain any information that is disparaging to either party. Should the parties be unable to agreeupon a joint pressreleaseor statementwithin twenty-four (24) hours, City reserves the right to issue unilaterally a press release or statement, which shall not contain any information that is disparaging to Employee.
4.0 SEVERANCE
4.1 SeverancePay. If the City Council terminates Employee without cause and Employee does not challenge such termination, including but not limited to by meansof appealor civil or administrative claim, then City shall pay to Employee severance in an amount equal to her monthly base salary ( as defined in Section 2.1 above, calculated on a per diem basis) then in effect multiplied by nine ( 9), less applicable deductions and excluding deferred compensationor the value of any other benefits (suchaslongevity pay, advanced education incentive, etc.).
4.2 No SeverancePay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, City shall have no obligation to pay the severanceprovided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above.
01276.0004 2066170.1 7
4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause.
Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of an agreementin the form of the standard Agreement of Separation, Severance, and General Release” attached hereto in form only asExhibit “B.”
5.0 PERFORMANCE EVALUATIONS
5.1 Purpose. The performancereview and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. The City Council and Employee mutually agree to use a 3rd party facilitator, such as a League of California Cities Senior Advisor, to perform the facilitation, basedon mutually agreed- upon criteria. There will be a facilitated review of the City Manager’ s performance for each review period, the frequency of which is set forth below in Section 5.2. Nothing herein shall be deemed to alter or change the employment statusof Employee (as set forth in Section 1.4 above), nor shall this Article 5.0 be construed as requiring “ cause” to terminate this Agreement, or the services of Employee hereunder
5.2 Annual Evaluation. The City Council will endeavor to review and evaluate the performance of Employee annually in the first two weeks of September 2026, and every September thereafter for the remaining term of this agreement. It shall be the obligation of Employee to notify the City Council no later than August 31 of each year of the need to conduct the evaluation pursuant to this Section. In addition, Employee shall submit for the City Council’ s consideration, no later than August 31 of each year of the term of this Agreement, Employee’s proposedannual performance goals/objectives and plan of action for the upcoming fiscal year and incorporate the City Council’ s suggestions as appropriate. Such review and evaluation shall be conducted concurrently with an annual salary review and in accordance with the purpose noted in Section 5.1 above, and will be basedon specific criteria developed by the City Council and the Employee.
5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two ( 2) weeks following the conclusion of the review and evaluation process, and may, at its discretion, schedule at least one ( 1) closed personnelsessionwith Employee to deliver and discussthe evaluation.
6.0 BENEFITS
6.1 CalPERS Retirement. Employee is a “classic” member of CalPERS and accordingly she shall participate in the City’ s CalPERS plan for classic miscellaneousemployees, which is the 2% at 60 formula. 01276.0004 2066170.1 8
6.2 Medical Insurance. The City shall provide to Employee medical, dental, and vision insurance benefits at the samelevel, and subject to the same terms and conditions, as provided to all appointed employees of the City pursuant to the Appointed Employees’ Compensation Program then in effect, and subject to the terms, conditions and limits specified therein.
6.3 Vacation Leave. Employee shall accruevacation leave on a per pay period basis as follows: Employee shall accrue at the rate of 120 hours per year, to a maximum of 240 hours during the term of this Agreement.
Employee shall be entitled to an opening vacation leave balance of 168. 6 hours.
6.4 Administrative Leave. Employee shall accrue 80 hours of administrative leave annually. Employee may accumulate administrative leave hours up to two times their annual accrual. Employee shall be eligible to convert administrative leave hours to pay one time each calendar year. Employee shall be entitled to an opening administrative leave balanceof 60.8 hours.
6.5 Holidays. Employee shall be entitled to the holidays specified in the Appointed Employees’ Compensation Program then in effect. The City currently observes fifteen ( 15) holidays and provides twenty ( 20) floating hours per calendar year.
6.6 Sick Leave. Employee shall receive sick leave at the same level as all full- time employees, subject to the terms and conditions in the City’s PersonnelRules asamendedfrom time to time, basedon the sameterms and conditions applicable to management employees covered by the UnrepresentedEmployees’ Compensation Program. Employee shall be entitled to an opening sick leave balance of 173. 6 hours. Sick leave shall have no cash out value upon Employee’s separationfrom the City.
6.7 Automobile Allowance. Employee shall be paid an
automobile allowance of $500 per month for useof personalvehicle. Additional mileage reimbursement per City policy when travel exceeds 50 miles per round trip. Employee is not precluded from using City vehicle for City business during, before, and after the normal workday if needed. Employee shall be responsiblefor any personalincome tax that may result from such allowance.
6.8 Deferred Compensation. It is the policy of the City of Cupertino to provide equitable current compensationand reasonableretirement security for eligible persons under this Compensation Program for services performed for the City. The City participates in the California Public Employees' Retirement System ( PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earningsto theseplans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent employee. The City shall maintain andadminister meansby which employeesin thesepositions may defer 01276.0004 2066170.1 9
portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and proceduresasarenecessaryto properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessaryto the employee. Employer contributions shall be as determined by the City Council except as provided in Section 2.6 of this Agreement.
6.9 Life Insurance. The City of Cupertino provides life insurancebenefits in an amount of two and one half times the employee's annual salary to a maximum of $ 250, 000. 00.
6.10 Education Reimbursement. Employee shall beeligible for education reimbursement at the same level as appointed employees as set forth in the Appointed Employees’ Compensation Program then in effect, subject to the terms, conditions and limits specified therein. The Appointed Employees’ Compensation Program currently provides that tuition reimbursement shall not exceed $ 2,000 per calendar year.
6.11 Other Benefits. Except as expressly provided in this Section 6.0, Employee shall be entitled to receive benefits as provided for under the Appointed Employees’ Compensation Program, as amended from time to time. These benefits are subject to modification during the course of this Agreement at the sole and absolute discretion of City at such times and to such extent as City may deem appropriate; provided, however, there shall be no reduction in benefits unless City implements the samereduction of benefits to all other employees covered under the Appointed Employees’ Compensation Program; and further provided that in the event of a conflict between the Appointed Employees’ Compensation Program and this Agreement, this Agreement shall control.
7.0 BONDS AND INDEMNIFICATION
7.1 Indemnification. To the extent mandated by the
California Government Code, the City shall defend, hold harmless, and indemnify Employee againstany tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.
7.2 Bonds. The City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.
01276.0004 2066170.1 10
8.0 GENERAL PROVISIONS
8.1 Entire Agreement. This Agreement representsthe entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statementor promisesnot contained in this Agreement shall be valid or binding upon either party.
8.2 Amendment. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of at least three (3) members of the City Council.
8.3 Notices. Any notice required or permitted by this
Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:
To City: To Employee:
City of Cupertino Tina Kapoor
Attention: City Clerk [ On file with Human ResourcesDept.] 10300 Torre Avenue
Cupertino, California 95014
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the courseof transmission with the United StatesPostal Service.
8.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engagein any businessor transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appearto arise, the obligation shall be on Employee to seeklegal advice concerning whether such conflict exists and Employee’ s obligations arising therefrom.
8.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, 01276.0004 2066170.1 11
covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemeda waiver or relinquishment of that right or power for all or any other times.
8.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall neverthelesscontinue in full force without being impaired or invalidated in any way.
8.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and the parties agreethat venue for any action arising out of this agreementshall be in Santa Clara County, California.
8.8 Mandatory Government Code Provisions. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243. 4, sought to provide greater transparencyin local government and institute certain limitations on compensation paid to local government executives. These statutes require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of their office or position to provide reimbursement to the local agency. These statutes are incorporated herein by reference ( below). Accordingly, the Parties agreethat it is their mutual intent to fully comply with theseGovernment Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amendedfrom time to time thereafter.
Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
53243. 1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
53243. 2. Reimbursement of cash settlement upon conviction of crime involving office or position.
53243. 3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
53243. 4. “Abuse of office or position” defined.
Employee representsthat Employee has reviewed, is familiar with, and agreesto comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agreesthat any cashsettlementor severancerelated to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuseof Employee's office or position. 01276.0004 2066170.1 12
8.9 Independent Legal Advice. The City and Employee
represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representativeswho drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Cupertino hascausedthis Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee hassigned and executedthis Agreement, all in triplicate.
CITY OF CUPERTINO
Liang- Fang “Liang” Chao, Mayor
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
Floy Andrews, Interim City Attorney
EMPLOYEE
Tina Kapoor
Tina Kapoor ( Nov 17, 2025 15:00:32 PST)
TinaKapoor
01276.0004 2066170.1 13
EXHIBIT “ A”
CITY MANAGER JOB DESCRIPTION
Class specifications are intended to present a descriptive list of the range of duties performed by employeesin the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
The City Manager shall be the administrative headof the City government acting under the direction and control of the City Council except as otherwise provided in the current Municipal Code Section 2.28. In addition to her general powers asChief Administrator, and not as a limitation thereon, she shall have the powers and duties setforth in the RepresentativeDuties section below.
REPRESENTATIVE DUTIES
The following duties are typical for this classification, and are listed in accordance with the current Municipal Code Section 2.28. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address businessneedsand changing businesspractices.
1. To seethat all laws and ordinances of the City are duly enforced and that all franchises, permits, licensesand privileges granted by the City are faithfully performed and observed;
2. To control, order and give directions to all directors of departmentsand to subordinate officers and employeesof the City under his or her jurisdiction through their department directors, and to transfer employeesfrom one department to another;
3. The servicesand facilities of the City Treasurer and the City Attorney shall be made available to the City Manager to the sameextent and in the samemanner that the services are available to the City Council;
4. To appoint, discipline and dismiss any and all officers and employeesof the City except those elected by the electors of the City or whose appointment or dismissal is denied to the City Manager under the laws of the state. The power to appoint given in the preceding paragraphdoes not include the power to createa new position except as provided under Chapter 2.52;
5. To attend all meetings of the City Council unlessexcusedtherefrom by the City Council;
6. To recommend to the City Council for adoption such measuresand ordinances ashe or she deems necessaryor expedient;
7. To keep the City Council at all times fully advised asto the financial conditions and needsof the City;
8. To prepareand submit to the City Council the annual budget and to administer it after adoption;
9. To purchaseor causeto be purchasedall supplies for all of the departmentsor divisions of the City. No expenditures shall be submitted or recommendedto the City Council except on report and approval of the City Manager;
10. To make investigation into the affairs of the City and any department or division thereof and any contract or the proper performance of any obligation running to the City;
11. To investigate all complaints in relation to matters consuming the administration of the government of the City and in regard to the services maintained by public utilities in the City and to seethat all franchises, permits and privileges granted by the City are faithfully observed;
12. To execute general supervision over all public buildings, public parks, streetsand other public property which are under the control and jurisdiction of the City Council;
13. To devote his or her entire working time, thought and energy to the duties and interests of the City;
14. To receive and open all official mail and communications addressedeither to the Mayor or to the City Council;
15. To make reports and initiate recommendations as may be desirable or as requested by the City Council;
16. To sign documents specified in Cal. Gov’t Code § 40602, or to delegateto another officer such authority to sign, whenever such documents have been approved by the Council for execution by 01276.0004 2066170.1 14
the City Manager or their delegee by ordinance, resolution, motion, minute order or other appropriate action.
17. To perform such other duties and exercise such other powers asmay be delegatedto him or her from time to time by ordinance, resolution or other action of the City Council. 01276.0004 2066170.1 15
EXHIBIT “ B”
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1.0 PARTIES
This Agreementof Separation, Severance, andGeneralRelease (hereinafterreferredto asthe AGREEMENT”) is entered into by and between the City of Cupertino, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Eshverya Gianchandani aka Tina Kapoor, an individual ( hereinafter referred to as “EMPLOYEE”).
2.0 RECITALS
2.1 EMPLOYEE was hired by THE CITY as an at-will City
Manager effective _________, ____, serving at the pleasureof the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit A (“THE CONTRACT”). EMPLOYEE is currently ____ yearsold.
2.2 THE CITY and EMPLOYEE desire that EMPLOYEE
resign and enter into a severanceagreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have againstTHE CITY, including but not limited to its elected and non- elected officials, employees, attorneys, and agents. Accordingly, the partiesheretointend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with
applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s post-employment rights, including but not limited to EMPLOYEE’ s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“ COBRA”), the Employee Retirement Income Security Act of 1974 (“ ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
3.0 CONSIDERATION
3.1 EMPLOYEE shall receive payment to her at the time of her voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment as required by law or THE CONTRACT or any other agreementwith THE CITY.
3.2 In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the 01276.0004 2066170.1 16
amount of ___________________________ and ___ cents ($____. 00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home addressvia certified mail return receipt requested within thirty ( 30) business days after the EFFECTIVE DATE ( asdefined below) of this AGREEMENT.
3.3 In exchange for the severance payment provided for
herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causesof action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now hasor may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims basedupon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or causeof action including but not limited to any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin, or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.
01276.0004 2066170.1 17
4.0 SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER
ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 ( hereinafter referred to as the ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty ( 40) or older. The Older Workers Benefit Protection Act ( hereinafter referred to asthe “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that she knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releasesany rights shemay have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/ release is written in a manner understood by EMPLOYEE; b) EMPLOYEE is aware of and/or has been advised of her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA and/or similar agediscrimination laws; c) EMPLOYEE is entitled to a reasonable time of at least twenty- one (21) days within which to review and consider this AGREEMENT and the waiver and releaseof any rights she may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exerciseof her own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty- one ( 21) days;
d) The waivers and releasesset forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
e) EMPLOYEE has been advised by this writing that she should consult with an attorney prior to executing this AGREEMENT;
f) EMPLOYEE has discussed this waiver and release with, and been advised with respectthereto by, her counsel of choice, and she does not need any additional time within which to review and consider this AGREEMENT;
g) EMPLOYEE has seven ( 7) days following her execution of this AGREEMENT to revoke the AGREEMENT;
h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptanceof our Agreementof Severanceand GeneralRelease”; and i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten ( 10) days have passedsince EMPLOYEE’s execution (“EFFECTIVE DATE”).
01276.0004 2066170.1 18
5.0 UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code § 1542 readsasfollows:
General Release - Claims Extinguished”
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the releaseand that, if known by him or her, would have materially affected his or her settlement with the debtor or releasedparty.”
EMPLOYEE hereby waives the protection of California Civil Code § 1542.
6.0 WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailedspecification of the claims being releasedpursuantto the provisions of Paragraphs3, 4, and 5 above.
7.0 REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party asfollows:
7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have readthis AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so; and that they are fully aware of the contents of this AGREEMENT and of its legal effect.
7.2 No Fraud in Inducement: No party ( nor any officer, agent, employee, representative, or attorney of or for any party) has made any statementor representationor failed to make any statementor representationto any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission, or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.
7.3 Independent Investigation: Each party to this
AGREEMENT has made such investigation of the facts pertaining to this 01276.0004 2066170.1 19
settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.
7.4 Mistake Waived: In entering into this AGREEMENT,
each party assumes the risk of any misrepresentation, concealment or mistake.
If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstancewhatsoever.
7.5 Later Discovery: The parties are aware that they may hereafterdiscover claims or facts in addition to or different from thosethey now know or believe to be true with respect to the matters related herein.
Nevertheless, it is the intention of the partiesthat EMPLOYEE fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6 Indemnification: EMPLOYEE agrees to indemnify and
hold harmlessTHE CITY or THE CITY PARTIES from and againstany and all claims, damages, or liabilities sustained by them as a direct result of the violation or breachof the covenants, warranties, and representationsundertakenpursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that sheshall be exclusively liable for the payment of all taxes for which sheis responsible, if any, as a result of her receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agreesfully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations asmay be required by any federal, stateor local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.
7.7 Future Cooperation & Consultation fees: EMPLOYEE
shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services ( including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrencestranspiring during her employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.
7.8 Return of Confidential Information and Property: Prior to 01276.0004 2066170.1 20
the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her employment with THE CITY.
7.9 No Pending Claims and/or Actions: EMPLOYEE
representsthat shehasnot filed any complaints or chargesagainstTHE CITY or THE CITY PARTIES with any local, state or federal agency or court; that she will not do so at any time hereafter for any claim arising on any date up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumesjurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE whenever or where ever filed, she will request such agency or court to withdraw from the matter forthwith.
7.10 Ownership of Claims: EMPLOYEE represents and
warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Feesand Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonableattorneys’ fees and costsin addition to any other relief to which that party may be entitled.
7.12 Authority: Each party representsto the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessaryapprovals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT hasbeensigned.
8.0 MISCELLANEOUS
8.1 No Admission: Nothing contained herein shall be
construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2 Governing Law: This AGREEMENT has been executed
and delivered within the State of California, and the rights and obligations of the 01276.0004 2066170.1 21
parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
8.3 Full Integration: This AGREEMENT is the entire
agreement between the parties with respect to the subject matter hereof and supersedesall prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.
8.4 Continuing Benefit: This AGREEMENT is binding upon
and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successorsin interest.
8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construedagainstany party.
8.6 Severability: In the event that any term, covenant, condition, provision or agreementcontained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.
8.7 Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.
8.8 Counterparts: This AGREEMENT may be executed in
counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective asto all parties.
8.9 Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personaldelivery, at the noticing party’s discretion, and addressedto the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendardays following deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE’ s home address on file with THE CITY.
01276.0004 2066170.1 22
As to THE CITY:
City of Cupertino
Attention: City Clerk
10300 Torre Avenue
Cupertino, CA 95015
signature page follows]
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executedon its behalf by its Mayor and duly attestedby its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved asto form asof the dateswritten below.
DATED: _______________ EMPLOYEE
By: ________________________________
THE CITY
DATED: __________________ By: ________________________________ Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ________________________
City Attorney
EMPLOYEE’s LAW FIRM]
By: ________________________
Counsel]
CUP - FINALCityManagerEmployment
Agreement + Exhibits - TinaKapoor(2066170.1)
Final Audit Report 2025-11-17
Created: 2025-11-17
By: Kirsten Squarcia ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA67QAsBU21Eg3cjH8DpiARSdStJt-CF5A CUP - FINALCity ManagerEmploymentAgreement + Exhibits - Tina Kapoor(2066170.1)" History
Documentcreatedby KirstenSquarcia ([email protected]) 2025-11-17 - 10:12:00 PM GMT
Documentemailedto FloyAndrews ([email protected]) for signature 2025-11-17 - 10:14:38 PM GMT
Email viewed by Floy Andrews ([email protected])
2025-11-17 - 10:15:14 PM GMT
Documente-signedby FloyAndrews ([email protected])
Signature Date: 2025-11-17 - 10:46:34 PM GMT - Time Source: server Documentemailedto [email protected] signature
2025-11-17 - 10:46:35 PM GMT
Emailviewedby [email protected]
2025-11-17 - 10:47:32 PM GMT
[email protected] signingas TinaKapoor 2025-11-17 - 11:00:30 PM GMT
Documente-signedby TinaKapoor ([email protected])
Signature Date: 2025-11-17 - 11:00:32 PM GMT - Time Source: server Agreement completed.
2025-11-17 - 11:00:32 PM GMT
RESOLUTION NO. 25-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE APPOINTED EMPLOYEES’ COMPENSATION
PROGRAM
WHEREAS the City Council desires to amend the Appointed Employees’ Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the Appointed Compensation Program be amended which is incorporated in this resolution by this reference and attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of November 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
1 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certa in persons holding positions hereinafter defined and designated as appointed management employees by the City Council in the City Manager's Office and the City Attorney’s Office shall be eligible for participation in the Appointed Employees' Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed by the City Council and holding positions as manageme nt employees in the City Manager’s Office and the City Attorney’s Office, as defined un der section 2.52.290 of the Cupertino Municipal Code. Eligible persons are designated by the Appointing Authority and may be modified as circumstances warrant.
Although subject to change in accordance with the Personnel Code, the positions in the following classifications have been designated as appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
2 SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on beha lf of the City on the basis of equitable pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal polic ies. The City Manager and City Attorney salaries will be set by contract.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019, July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022, December 3, 2024, July 15, 2025, September 3, 2025, November 18, 2025
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
3 TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordan ce with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approve d strategy for attracting and retaining businesses in the City. One means of implementing this en couragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conferen ce, seminar, workshop, meal, or like assembly having to do with municipal government ope rations. An employee serving on a panel for interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work relate d nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsib ilities. 4 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air r eservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee's home and airp ort, destination or airport parking charges, taxi and shuttle services at the out-of-town locatio n, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Governme nt or group rates offered by a provider of transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.
Where the lodging is in connection with a conf erence or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the gr oup rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. 5 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels. com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem sha ll be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be ke pt and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rule s described in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this policy.
No payments shall be made unless, where ava ilable, receipts are kept and submitted for all expenses incurred. When receipts are not availabl e, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure.
No payment shall be made for any expenses in curred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment towa rd expenses including, but not limited to:
1. The personal portion of any trip;
6 2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City- related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropria te funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expen ses incurred in attendance at training sessions, will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a C ity employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to their superv isor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calenda r days of the employee's return on the expense report described in Section VII.
7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received from the City Manager must be approved by the City Attorney , on forms determined by the Administrative Services Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. All expense reimbursement requests or final accounting of advances received from the City Attorney must be approved by the City Manager, on form s determined by the Administrative Services Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
8 AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that under this Compensation Program the City Manager shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general tran sportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate establis hed by the City Council.
Submission of reimbursement requests must be approved by the City Council.
The City Manager shall be paid a monthly automobile allowance of $500.
The City Attorney shall be paid a monthly automobile allowance of $350.
Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
9 ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and City Attorney shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below.
Each association for which member ship is claimed must be directly related to the field of endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided at City expense providing the subject matter and material generally contained therein are related to municipal governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
10 OVERTIME WORKED
Management employees are ineligible for ov ertime payments for time worked in excess of what otherwise would be considered as a norma l work day or work week for other employees.
However, no deduction from leave balances are ma de when such an empl oyee is absent for less than a regular work day as long as the employee has his/her supervisor's approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
11 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance under which eligible persons under this Compensation Program and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts.
Effective July 1, 2025, the City shall contribute toward premium cost the following amount per month.
July 1, 2025 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee $1,112.90 $114.30 $1,227.20
Employee + 1 $2,225.80 $114.30 $2,340.10
Employee + 2 $2,893.54 $114.30 $3,007.84
With regards to any change in the monthly medical plan premium charged by CalPERS in the plan years subsequent to 2025 (specifically, the CalPERS healthcare rate increases effective January 1, 2026, January 1, 2027 and January 1, 2028), the City’s maximum contributions shall be tied to the CalPERS Kaiser Permanente plan increases and shall be capped at no more than 20% of any such total increase in aggregate between 2025 – 2028.
Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.
Appointed employees in the City Manager and City Attorney positions will have immediate
vesting of retiree medical benefits, subject to said employee retiring from City service and CalPERS.
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
12 Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November 16, 2021 , November 7, 2023, September 3, 2025
13 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employe es at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City.
The City provides the following fixed paid holidays for eligible employees covered by this agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Lunar New Year
5. Cesar Chavez Day
6. Memorial Day
7. Juneteenth
8. Independence Day
9. Labor Day
10. Veteran's Day
11. Thanksgiving Day
12. Day Following Thanksgiving
13. Christmas Eve
14. Christmas Day
15. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day.
When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.
FLOATING HOLIDAY
In addition to the paid holidays, employees occ upying these positions shall be provided 20 floating hours per calendar year as non-work time with full pay and benefits. Employees may accumulate floating holiday hours up to two times their annu al accrual. For Calendar Year 2023, Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, November 2023
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
14 LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for eligible persons under this Compensation Program that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00
The City Manager and City Attorney will participate in California State Disability Insurance (SDI).
SDI weekly benefits are determined by the State of California and information is available on the State of California Employment Development Department website. Employee may use leave banks to supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.
The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
15 DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for eligible persons under this Compensation Program for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have b een established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provi ded in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent employees.
The City shall maintain and administer m eans by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
16 PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a
2.7% @55 formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable salary of the employee’s contribution towards CalPERS.
B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only:
For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation.
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of the employee’s contribution towards CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
17 DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible persons under this Compensation Program and their depe ndents may be covered. The purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $114.30* per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and th e provisions of the contract for such insurance between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
18 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Pr ogram shall accrue eighty (80) hours of administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times their annual accrual.
Employees shall be eligible to convert admi nistrative leave hours to pay one time each calendar year.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
19 EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of eligible persons under this Comp ensation Program and their eligible dependents.
The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and othe r matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
20 APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligib le persons under this Compensation Program pursuant to Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
City of Cupertino
21 APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covere d. The purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or pl ans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
22 EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional development of its employees; and to adopt an Education Reimbursement Program which will encourage employees to avail themselves of City job related educational opportunities that will advance their knowledge and interests in the direction of their career path. Courses should either: a) maintain or improve job skills in the employee’s current position; b) be expressly required by the City or by law; or c) prepare the employee to become a competitive applicant for a different position with the City.
The Education Reimbursement Program is a benefit to all eligible, full time benefited employees and provides education reimbursement of up to two thousand dollars ($2,000) per calendar year for the cost of registration, required textbooks and/or materials and parking.
Employees who wish to seek reimbursement from the City for educational program costs shall provide a written request for reimbursement in advance of enrollment to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Human Resources and the employee’s department head will make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided sa tisfactory proof of successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will be applied to the calendar year in which the course is passed and satisfactory proof of completion is submitted.
Mandatory or annual coursework, attendance at c onferences and training required to maintain job specific certifications or proficiencies are not included in the Education Reimbursement Program.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
23 CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored recreation programs at the City residents’ fee structure and in preference to non-residents wishing to enroll. Each calendar year, employees and family members on the employee’s dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees shall be reimbursed for approved recreation services in accordance with the City’s Recreation Buck Policies. Programs allowing for preregistration will be reimbursed after completion of the program, including those allowing for or requiring preregistration in the calendar year prior to reimbursement. Reimbursements shall be applied to the year in which they are received.
Benefited employees will also receive a free employee-only annual Cupertino Sports Center membership. Part-time benefited employees will have the annual amount of Recreation Bucks prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS Code, and must be used by the employee within the calendar year and are non-transferrable.
City employees are eligible to participate in the City’s wellness program as provided for in the City’s Administrative Rules and Regulations.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
24 EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose positions are exempt under the provisions of the Cupertino Municipal Code, are set forth below. Only the City Council can modify these rates.
Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
25 Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective December 3, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective May 2, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Interim City Manager $0 $0 $0 $0 $24,583.33
Monthly Salary Effective July 15, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Interim City Manager $0 $0 $0 $0 $25,812.50
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective November 18, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $27,250.00
City Attorney $0 $0 $0 $0 $25,875.00
1 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated as appointed management employees by the City Council in the City Manager's Office and the City Attorney’s Office shall be eligible for participation in the Appointed Employees' Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed by the City Council and holding positions as management employees in the City Manager’s Office and the City Attorney’s Office, as defined under section 2.52.290 of the Cupertino Municipal Code. Eligible persons are designated by the Appointing Authority and may be modified as circumstances warrant.
Although subject to change in accordance with the Personnel Code, the positions in the following classifications have been designated as appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
2 SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitable pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal policies. The City Manager and City Attorney salaries will be set by contract.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019, July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022, December 3, 2024, July 15, 2025, September 3, 2025, November 18, 2025
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
3 TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition.
D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. 4 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out -of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.
B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the City.
C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee's home and airport, destination or airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available.
Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance.
D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. 5 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.
E. Meals
1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rule s described in the meals with no conference paragraph.
F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards.
Other reasonable expenses related to business purposes shall be paid consistent with this policy.
No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure.
No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.
G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not limited to:
1. The personal portion of any trip;
6 2. Political or charitable contributions or events;
3. Family expenses, including those of a partner when accompanying the employee on City- related business, as well as child or pet-related expenses;
4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc.
5. Gifts of any kind for any purpose;
6. Service club meals;
7. Alcoholic beverages;
8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and
9. Personal losses incurred while on City business.
IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.
V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.
B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accou nting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee's return on the expense report described in Section VII.
7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received from the City Manager must be approved by the City Attorney , on forms determined by the Administrative Services Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. All expense reimbursement requests or final accounting of advances received from the City Attorney must be approved by the City Manager, on forms determined by the Administrative Services Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4
8 AUTOMOBILE ALLOWANCES AND
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that under this Compensation Program the City Manager shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements.
Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council.
Submission of reimbursement requests must be approved by the City Council.
The City Manager shall be paid a monthly automobile allowance of $500.
The City Attorney shall be paid a monthly automobile allowance of $350.
Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5
9 ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and City Attorney shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below.
Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited.
Subscriptions to or purchase of professional and technical publications may be provided at City expense providing the subject matter and material generally contained therein are related to municipal governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
10 OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees.
However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has his/her supervisor's approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
11 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance under which eligible persons under this Compensation Program and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts.
Effective July 1, 2025, the City shall contribute toward premium cost the following amount per month.
July 1, 2025 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee $1,112.90 $114.30 $1,227.20
Employee + 1 $2,225.80 $114.30 $2,340.10
Employee + 2 $2,893.54 $114.30 $3,007.84
With regards to any change in the monthly medical plan premium charged by CalPERS in the plan years subsequent to 2025 (specifically, the CalPERS healthcare rate increases effective January 1, 2026, January 1, 2027 and January 1, 2028), the City’s maximum contributions shall be tied to the CalPERS Kaiser Permanente plan increases and shall be capped at no more than 20% of any such total increase in aggregate between 2025 – 2028.
Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.
Appointed employees in the City Manager and City Attorney positions will have immediate vesting of retiree medical benefits, subject to said employee retiring from City service and CalPERS.
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7
12 Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November 16, 2021 , November 7, 2023, September 3, 2025
13 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8
FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City.
The City provides the following fixed paid holidays for eligible employees covered by this agreement:
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Lunar New Year
5. Cesar Chavez Day
6. Memorial Day
7. Juneteenth
8. Independence Day
9. Labor Day
10. Veteran's Day
11. Thanksgiving Day
12. Day Following Thanksgiving
13. Christmas Eve
14. Christmas Day
15. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day.
When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.
FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20 floating hours per calendar year as non -work time with full pay and benefits. Employees may accumulate floating holiday hours up to two times their annual accrual. F or Calendar Year 2023, Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, November 2023
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9
14 LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE
It is the policy of the City of Cupertino to make available group insurance for eligible persons under this Compensation Program that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00
The City Manager and City Attorney will participate in California State Disability Insurance (SDI).
SDI weekly benefits are determined by the State of California and information is available on the State of California Employment Development Department website. Employee may use leave banks to supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.
The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10
15 DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for eligible persons under this Compensation Program for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent employees.
The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11
16 PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:
For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a
2.7% @55 formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable salary of the employee’s contribution towards CalPERS.
B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only:
For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation.
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of the employee’s contribution towards CalPERS.
C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as Classic members Only:
For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.
Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12
17 DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible persons under this Compensation Program and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $114.30* per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers.*Dental Covera ge: Effective the first month after Council adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.
Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
18 City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times their annual accrual.
Employees shall be eligible to convert administrative leave hours to pay one time each calendar year.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14
19 EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of eligible persons under this Compensation Program and their eligible dependents.
The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
City of Cupertino
20 APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program pursuant to Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
City of Cupertino
21 APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.
The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
22 EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional development of its employees; and to adopt an Education Reimbursement Program which will encourage employees to avail themselves of City job related educational opportunities that will advance their knowledge and interests in the direction of their career path. Courses should either: a) maintain or improve job skills in the employee’s current position; b) be expressly required by the City or by law; or c) prepare the employee to become a competitive applicant for a different position with the City.
The Education Reimbursement Program is a benefit to all eligible, full time benefited employees and provides education reimbursement of up to two thousand dollars ($2,000) per calendar year for the cost of registration, required textbooks and/or materials and parking.
Employees who wish to seek reimbursement from the City for educational program costs shall provide a written request for reimbursement in advance of enrollment to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Human Resources and the employee’s department head will make the determination if the chosen education program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will be applied to the calendar year in which the course is passed and satisfactory proof of completion is submitted.
Mandatory or annual coursework, attendance at conferences and training required to maintain job specific certifications or proficiencies are not included in the Education Reimbursement Program.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
23 CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored recreation programs at the City residents’ fee structure and in preference to non-residents wishing to enroll. Each calendar year, employees and family members on the employee’s dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees shall be reimbursed for approved recreation services in accordance with the City’s Recreation Buck Policies. Programs allowing for preregistration will be reimbursed after completion of the program, including those allowing for or requiring preregistration in the calendar year prior to reimbursement. Reimbursements shall be applied to the year in which they are received.
Benefited employees will also receive a free employee-only annual Cupertino Sports Center membership. Part-time benefited employees will have the annual amount of Recreation Bucks prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS Code, and must be used by the employee within the calendar year and are non-transferrable.
City employees are eligible to participate in the City’s wellness program as provided for in the City’s Administrative Rules and Regulations.
Adopted by Action of the City Council July 16, 2019
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
24 EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose positions are exempt under the provisions of the Cupertino Municipal Code, are set forth below. Only the City Council can modify these rates.
Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
25 Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective December 3, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective May 2, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $25,875.00
Interim City Manager $0 $0 $0 $0 $24,583.33
Monthly Salary Effective July 15, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Interim City Manager $0 $0 $0 $0 $25,812.50
City Attorney $0 $0 $0 $0 $25,875.00
Monthly Salary Effective November 18, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $27,250.00
City Attorney $0 $0 $0 $0 $25,875.00
FOR IMMEDIATE RELEASE CONTACT:
November 19, 2025 [email protected]
City Council Appoints Tina Kapoor as New City Manager
Cupertino, CA — November 19 – The Cupertino City Council appointed Tina Kapoor as Cupertino’s new City Manager on Tuesday evening, making permanent the City Council’s decision to appoint Kapoor as Interim City Manager in May 2025.
Kapoor brings almost 25 years of local government experience to the role , rising from an entry -level job through positions of progressively increasing responsibility in the cities of San Jos é, Fremont , and Cupertino. Prior to her appointment as Interim City Manager , she served as Cupertino’s Interim Assistant City Manager, Deputy City Manager, and Economic Development Manager, where she played key roles in strategic planning, community engagement, organizational development , and strengthening Cupertino’s local business landscape.
Before joining Cupertino, Kapoor led major economic development initiatives in the cities of Fremont and San José, supporting business growth, downtown revitalization , and workforce development . Her reputation for collaborative leadership, creativity, and community -centered problem -solving has earned her recognition from the Silicon Valley Business Journal as a Woman of Influence in Silicon Valley.
Kapoor immigrated to the United States from India in 1999 and is Cupertino’s first Indian American City Manager.
“Tina Kapoor’s experience , work ethic, and leadership make her exceptionally well -suited to guide Cupertino forward,” said Mayor Liang Chao. “Tina has been a great partner for the City Council since she was appointed Interim City Manager, and I look forward to working with her to continue to strengthen our organization.”
As City Manager, Kapoor will oversee all municipal operations, implement City Council policy direction, and continue advancing Cupertino’s priorities.
“I’m honored to serve as Cupertino’s City Manager,” Kapoor said. “I look forward to supporting our strong City team and collaborating with Council and the community to maintain the high level of service that the City provides to our residents while developing a vision for the City’s future .” Kapoor assume d the permanent City Manager role effective November 19.
###
CC 11-18-2025
Item No. 16
Potential sale and
appointment of
negotiator for Mary Ave
property
Supplemental Report
Supplemental Report for
TO: Public Memorandum
CC: Cupertino City Council
FROM: Floy Elizabeth Andrews
Anne Nelson Lanphar
Michelle Hernandez
DATE: November 17, 2025
RE: Mary Avenue Project
Various questions have been raised with respect to the vacation of Mary Avenue and the City’s compliance with the Surplus Land Act with respect to the Mary Avenue Project (“Project”), as well as the demand that the agenda item appointing negotiators for the Project Land be removed from the consent calendar at the November 18, 2025 City Council meeting.
For purposes of this Memo, the land for the Project is hereinafter referred to as the “Project Land”.
1. Vacation of Mary Avenue with respect to Project Land. a. Subdivision Map Act. The City owns the fee interest of the applicable portion of Mary Avenue. In May 2023 the City filed parcel map in Book 953 of Maps, at Pages 53 & 54 , creating one (1) legal parcel identified as APN 326 -27-053, which is the Project Land. It appears the City has not yet completed the vacation process for the ROW with respect to the Parcel.
The assertion that the Parcel has not been legally created due to this fact is irrelevant as the City is exempt from the Subdivision Map Act and can convey the Project Land by a metes and bound description. Govt Code 66428(a).
b. Vacation Process. Prior to transfer of the Project Land the City will need to comply with the vacation process. The Streets and Highways Code (§ 8300 et seq.) does not establish any specific timing requirements regarding when a non-summary vacation must occur within the broader project or transactional timeline. Accordingly, the City remains within the permissible timeframe to undertake the vacation process and will do so at the appropriate stage. The appointment of real estate negotiators for the Project is consistent with, and does not conflict with, the requirements of applicable law.
2. Surplus Land Act (Gov. Code §§54220–54234).
a. Surplus Land. The Surplus Land Act applies to all governmental land that an entity determines to be no longer required and which it intends to dispose.
Mary Avenue Project
November 17, 2025
General disposition of such surplus land requires compliance with specific requirements as set forth in the Regulations and further detailed in Article II , which includes certain findings by the City and the issuance of a Notice of Availability to be provided to all persons/entities who have filed a statement of interest with HCD , specifies negotiation restrictions, sets a methodology for prioritizing proposals received, and well as good faith negotiations process, among others (“General SLA Requirements”). b. Exemp tions. Importantly, Regulation 103 of the Surplus Land Act provides a list of exemptions from compliance with the General SLA Requirements.
With respect to the Project Land, the City is proceeding under exemption (c) stated in Regulation 103, which applies to city-owned surplus land to be transferred for the development of affordable housing. This exemption applies to the Project Land.
Regulation 103(a) specifically states: “These Guidelines apply to the disposal of all surplus land and exempt surplus land, as defined in Government Code section 54221. However, exempt surplus land is not subject to Articles II and III of these Guidelines .” (emphasis added.)
The City is in compliance with the SLA with respect to the Project Land.
Once a disposition and development agreement is negotiated with the affordable housing developer and IF approved by the City Council, the resolution of exempt surplus land and the DDA will be provided to HCD.
CC 11-18-2025
Item No. 18
City Manager's First
Quarter Financial
Report for FY 2025-26
Desk Item
1 ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: November 18, 2025
Agenda Item #18
Subject
City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2025 -26; Budget Modification decreasing appropriations by $674,221 and increasing revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance Recommended Action
1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2025-26; and
2. Adopt Resolution No. 25-XXX approving Budget Modification No. 2526-419, decreasing appropriations by $674,221 and increasing revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance
Background:
Staff’s responses to questions received from councilmembers are shown in italics.
Q1: I appreciate the level of detail in the latest financial report. While the 2024-25 financial report looks fine, with revenue coming in above expectations (to note, primarily due to mark to market adjustments) and expenses coming in below, the Q1 2025-26 $21.6M deficit raises some questions.
Revenues: How much in sales taxes are we expecting to be returned by CDTFA? Will it be similar to the prior year? Assuming that amount is returned and brings us back to, we still have the $31M in expenses to contend with. Should we be concerned that revenu es and expenses are so greatly imbalanced?
Expenses: There is a $3.2M one -time transfer to capital reserves -- which fund is this exactly? Per the latest ACFR we have a $10M capital projects reserve, $24M economic uncertainty reserve, $124K sustainability reserve and a sales tax repayment reserve (although I believe there have since been changes to this fund). Were we somehow using these reserves and need to replenish them, or are we adding them?
2 Staff Response: The city estimates sales tax revenue for Fiscal Year 2025 -26 Adopted Budget is $11.9 million. The current variance in the first quarter revenue is driven by sales tax and not receiving the typical advance disbursement from the California Department of Tax and Fee Administration (CDTFA) due to the settlement agreement. The $31 million dollars spent to date is trending higher than in prior years, but with revenues expected to materialize at the budgeted level at first quarter , we estimate ending the fiscal year utilizing only $1.1 million of the estimated unassigned fund balance. This balance is currently projected at $65.5 million.
The $3.2 million-dollar one-time transfer transferred to the Capital Reserve Fund (429). The $10 million capital project reserve listed in the FY24 ACFR was defunded to assist with funding the sales tax repayment reserve. That reserve is now the “For Future Use” reserve. The City has a policy that outline how these funds can be used and a replenishment process. That policy can be found by going to www.cupertino.org/finance then scroll down and select, budget and reports, scroll down to archive and select Financial Policies and select “Committed, Unassigned Fund Balance, and Use of One Time Funds Policy.”
Attachments Provided with Original Staff Report:
A – Fiscal Year 2025-26 First Quarter Financial Report
B – Draft Resolution
C – Description of Carryovers and Adjustments as of September 30, 2025 D – Description of Budget Transfers as of September 30, 2025 E – First Quarter Recommended Budget Adjustments
F – FY 2025-26 First Quarter Special Projects Update as of September 30, 2025 G – Competitive and Non-Competitive Citywide Grants Tracking H – FY 2025-26 First Quarter CIP Project Status
CC 11-18-2025
Item No. 18
First Quarter Finance
Report for Fiscal
Year 2025-26
Supplemental Report
1 ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 18, 2025
Agenda Item #18
Subject
City Manager’s First Quarter Financial Report for Fiscal Year (FY) 2025 -26; Budget Modification decreasing appropriations by $674,221 and increasing revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance Recommended Action
1. Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2025-26; and
2. Adopt Resolution No. 25-XXX approving Budget Modification No. 2526-419, decreasing appropriations by $674,221 and increasing revenues by $503,628 resulting in a $1,177,849 increase to unassigned fund balance
Background:
Staff’s responses to questions received from councilmembers are shown in italics.
Q1: Can you explain how we are beginning the first quarter with $182M and ending it quarter with $155M?
That does not look like things are going in the right direction. Can you explain? I went to opengov and it seems to me that the anticipated sales-tax-revenue is too high.
I would like to understand how the City determined the anticipated sales-tax revenues for 2025/26.
Previously, revenue from tax -sharing agreements with Apple and Insight, see third attachment, were rolled into sales -tax-revenue, so there was no transparency as to how much income we were deriving from these agreements. We all know that the Apple agreement has been terminated. But what about Insight? Please explain how we have anticipated the revenue drop from the loss of that agreement? I haven’t attended all council meetings, but I have not seen mention of the loss of that income.
2 In looking at CDTFA data, there have been zero sales -tax income distributions from the state since May 2025. The first attachment is a report that I generated from the CDTFA (I removed the pennies and added commas for the thousands). By comparison, see the second attachment shows the City of Campbell. So you can see that there are six months of zero income for Cupertino where Campbell has these fields populated. There is some explanation on page 11, but can you please provide some more color here? We don’t have transparency on a full six months of data! In detail, why is this happening? And, what do we anticipate that the numbers should be?
According to open gov, it is expected that sales -tax-revenue will rise – I am not that optimistic. Please explain more.
I am glad that we’ll probably have a good year for TOT (hotel tax revenue) with the football Superbowl and the big soccer matches coming, but that will be a one -time revenue opportunity.
Finally, please go through the CIP project status line -by-line, I think that there are some opportunities for savings there.
Staff Response: See excerpt from page 25 of the First Quarter Financial Report staff report:
3 The excerpt from the financial report above shows $181.8 million in estimated ending fund balance for FY25. The FY Adopted Budget fund balance number was estimated by taking FY24 beginning fund balance and assuming revenue materializing and all budget being expended for FY 25 and FY 26. As discussed in the report, revenue has exceeded budget across almost all revenue categories and expenditures materialized under budget, this has resulted in an increase in estimated ending fund balance in FY25 that carries over into FY26 beginning balance resulting in an updated year-end estimate of $183 million.
The sales tax sharing agreement with Apple has not been terminated. Unrelated to the agreement , the City has forecasted approximately a 90% drop in sale tax revenue including the direct allocation and pool share due to the impact of the California Department of Tax and Fee Administration (CDTFA) audit and subsequent settlement agreement. The Insight sales tax sharing agreement is due to expire on June 30, 2026, and staff are working with the City Attorney’s Office to determine what action if any the City needs to take in regard to that agreement.
Per the settlement agreement with CDTFA the City has a payback amount due. These payments are processed by reducing the amount an agency would have received in sales tax dollars. The CDTFA is expected to release sales tax revenues generated in calendar quarter three (July – September) during the week of November 17, 2025. Staff will continue to closely monitor these distributions and will update the City Council as new information becomes available.
For FY 2025-26 sales tax revenue is budgeted at $12.0 million, a decrease from prior year’s amended budget. The estimates are made together with our sales tax consultant HDL, considering the CDTFA settlement agreement, any tax sharing agreements, historical trend analysis, and economic analysis based on sales tax sector.
Attachments Provided with Original Staff Report:
A – Fiscal Year 2025-26 First Quarter Financial Report
B – Draft Resolution
C – Description of Carryovers and Adjustments as of September 30, 2025 D – Description of Budget Transfers as of September 30, 2025 E – First Quarter Recommended Budget Adjustments
F – FY 2025-26 First Quarter Special Projects Update as of September 30, 2025 G – Competitive and Non-Competitive Citywide Grants Tracking H – FY 2025-26 First Quarter CIP Project Status
CC 11-18-2025
Item No. 19
FY 25-27 City Work
Program and TBD
List
Supplemental Report
CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 18, 2025
Agenda Item #19
Subject
Review first quarterly update for the FY 25-27 City Work Program and make modifications with items from the TBD list
Recommended Action
1) Receive first quarterly update for the FY 2025-27 City Work Program; 2) Review the TBD list and the FY 25-27 City Work Program, make any desired modifications to finalize the council priority projects Background:
Council has requested modification to the TBD list (Attachment C). The updated TBD list is provided with this supplemental report as Attachment D. Staff have also updated the Q1 Dashboard Printout (Attachment B) after a resident brought to our attention that it had incorrect page numbers. This is included as Attachment E.
Attachments Provided with Original Staff Report:
A. FY 2025-2027 City Work Program
B. Q1 Dashboard Printout
C. TBD List as of November 2025
Attachments Provided with Supplemental 1:
D. TBD List as of November 2025 – Updated
E. Q1 Dashboard Printout – Updated
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
1 Consider a policy to provide access to
documents made available for closed
sessions ahead of time with proper
security measures. Accordingly,
Councilmembers can read the materials
before and after a closed session.
Requestor:
Chao
Seconder:
Moore
At 7/16/24
Council
meeting
On 2/4 Council voted to keep this item on
the TBD list until it is added to the Council
Procedures Manual. Staff recommends
removing this item from this list once it has
been heard by the City Council.
2/4/25
2 Review the Cupertino City Council
Procedures Manual
Requestor:
Chao
Seconder:
Moore
At 12/3/24
Council
meeting
Revisions to the manual were done at the
March 18 City Council Meeting. Staff
recommends removing this item from this
list once it has been heard by the City
Council.
7/1/25
approved by
council to
agendize
3 Restore the previous responsibilities of
the Audit Committee (Motion: An
action item to restore the Audit
Committee’s previous responsibilities.
The motion passed with the following
vote: Ayes: Chao, Moore, and Wang.
Noes: Fruen and Mohan. Abstain:
None. Absent: None).
Requestor:
Chao
At 12/17/24
Council
Meeting
On 2/4 Council voted to agendize this
discussion. On 5/20 Council directed the
Audit Committee to discuss their scope and
bring recommendations to Council. The
Audit Committee discussed this at the July
28 meeting and recommendations were
brought to Council at the October 7 CC
meeting. Council directed this item to return
to the Audit Committee for further
discussion. Staff recommends removing this
item from this list once it has been heard by
the City Council.
2/4/25
approved by
council to
agendize
4 A study session to consider regulations
on sound amplification devices in parks
(Motion: A friendly amendment was
approved to hold a study session on
this item. Add this item to an agenda:
Amend CMC Section 13.04.120 Use of
Requestor:
Moore
Seconder:
Chao
At 9/17/24
Council
meeting
Staff recommends removing this item.
Sound amplification is currently allowed in
parks with a valid City permit as specified
in CMC 13.04.120 Use of Park Property
Section I.
2/4/25
approved by
council to
agendize
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Park Property “No person in the park
shall do any of the following: … 1. Use
any system for amplifying sounds,
whether for speech or music or
otherwise, unless an exclusive use
permit is first secured,” as… “No
person in a park shall do any of the
following: … 1. Use any system for
amplifying sounds, whether for speech
or music or otherwise, in an
unreasonable loud manner, unless an
exclusive use permit is for secured,”
where the definition of “unreasonably
loud manner” means “the volume of
sound in the use or operation of any
sound application equipment if such
sound can be heard by a person from
fifty (50) or more feet from the source of
the amplification” (as defined in
Oakland Muni Code)
5 Guidelines and Procedures regarding
Proclamations and Certificates (Motion:
A friendly amendment was approved to
agendize this item as appropriate.)
Requestor:
Chao
1/15/25
added by
email.
Email
attached
below.
Staff recommends removing this item
because each Mayor establishes their own
ceremonial calendar at the beginning of
each year.
2/4/25
approved by
council to
agendize
6 Grant Policy Update Requestor:
Chao
6/13/25
Verbal
Request
This item is tentatively scheduled for
January 2026. Staff recommends removing
7/1/25
approved by
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Seconder:
Moore
this item from this list once it has been
heard by the City Council.
council to
agendize
7 Revisions to Commissioners Handbook
pursuant to updates in the City Council
Procedures Manual (accompanies
amendments from March 2025 to
Procedures Manual)
Requestor:
Chao
Seconder:
Moore
12/3/24 Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
8 A study session on Memorial Park and
the proposed design. Most people I've
spoken to love Memorial Park the way
it is now where it is mostly naturally
space, rather than one jam packed with
stuff in the proposed plan. I hope to
consider a minimalist option with
upgrade of existing features and only
include some low impact features.
And reduce the cost. Maybe we might
refer it to Parks and Rec Commission to
consider options.
Requestor:
Chao
9/23/25
added by
email
Staff recommends considering this item for
the FY 25-27 CWP to discuss status of
current projects and staff capacity to take on
new ones.
N/A
9 Study Session on updates to the Policies
and Guidelines on Sister Cities,
Friendship Cities, and International
Delegations pertaining to international
travel (Postponed on April 2, 2025)
Requestor:
Chao
Seconder:
Wang
At 3/4/25
Council
meeting
The policy will be coming to Council in
February 2026. Staff recommends removing
this item from this list once it has been
heard by the City Council.
N/A
10 Study session regarding potential ballot
measure to protect frontage retail;
rezoning of mixed-use sites to preserve
retail
Requestor:
Chao
Seconder:
9/15/25
Verbal
Request
and 11/4/25
Staff recommends considering this item for
the FY 25-27 CWP to discuss status of
current projects and staff capacity to take on
new ones.
N/A
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
Moore/
Wang
added by
email
11 Consider establishing protections for
parkland, similar to those adopted by
the cities of Sunnyvale and Milpitas
Requestor:
Moore
Seconder:
Chao
9/30/25
Verbal
Request
Staff recommends considering this item for
the FY 25-27 CWP to discuss status of
current projects and staff capacity to take on
new ones.
N/A
12 Formation of a City Council
Subcommittee on Festival/Facilities Fee
Waiver Policy
Requestor:
Chao
Seconder:
Moore
9/29/25
Verbal
Request
This item will be drafted as a Council
consent item.
N/A
13 Review of contractual duties and scope
of work for Cupertino Chamber of
Commerce agreement.
Requestor:
Chao
Seconder:
Moore
10/1/25 and
11/10/25
added by
email
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
14 Study Session on various fees; in lieu,
enterprise at BBF and McClellan Ranch,
AB 1600 SB 1
Requestor:
Moore
Seconder:
Chao
Added in
agenda
review
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
15 Study Session to review the Arts &
Culture Commission’s
recommendation to the Municipal Code
standards for art in public and
private development, including the
standards in the Municipal Code and
developing an Art-in-lieu fee policy.
(Application No. MCA-2025-003)
Added by
City Council
Added at
10/21/25
CC
Meeting
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
16 Review placement, design, and
approval process for bike rack
installations in City parks;
Requestor:
Moore
Seconder:
Chao
11/10/25
added by
email
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
17 Discuss the future of Blackberry Farm
Golf Course - From CIP Budget Book
FY 2024-25: "The current facility that
was constructed in the 1960’s is
functionally outdated and lacks many
of the amenities that are found at
successful golf course operations. The
1960’s irrigation system is failing due to
age, which results in an excessive use of
water and labor to maintain the system.
The increasing retail cost of water
exacerbates the operational inefficiency.
The facilities lack a driving range, and
instructional areas limit their potential
to attract new users. The existing
restaurant needs full renovation in
order to attract banquets, weddings and
other non-golf-related events. This
study would build on the December
2015 report and recommendations
made by the National Golf Foundation,
Inc. The outcome of the study will help
determine the level of investment
Requestor:
Mohan
Seconder:
Fruen
11/11/25
added by
email
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
required in the facility. Study and
public outreach are complete.
Staff will present to City Council for
direction."
When will this matter come before
Council?
18 Discuss the future of Blackberry Farm
Swimming Pool - Improvements to the
two pools at BB Farm needed. Bid and
permit processes were underway. Has
construction been completed?
Requestor:
Mohan
Seconder:
Fruen
11/11/25
added by
email
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
19 Explore Red Light Cameras in
Cupertino
Requestor:
Moore
Seconder:
Chao
10/9/25
verbal
request
Staff recommends considering this item for
the FY 25-27 CWP to discuss status of
current projects and staff capacity to take on
new ones.
N/A
20 Options for Expanding Housing
Element Site Inventory to Address
Potential Shortfall in Zoned Capacity
Requestor:
Fruen
Seconder:
Mohan
11/12/25
added by
email
Staff recommends considering this item for
the FY 25-27 CWP to discuss status of
current projects and staff capacity to take on
new ones.
N/A
21 Public outreach and engagement
strategy – establishing citywide
standards to embed meaningful
engagement into every city project
Staff recommends considering this item for
the FY 25-27 CWP to discuss status of
current projects and staff capacity to take on
new ones.
N/A
D - TBD List as of November 2025
# Requested Item Requestor/
Seconder
Date
Requested
Recommendation/
Council Motion
Date
Council
Approved
22 Approval process for any entity to place
their logo, name, brand, on any City
property
Requestor:
Chao
Seconder:
Moore
11/13/25 in
agenda
review
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
23 Veterans Day Event Support Requestor:
Moore
Seconder:
Chao
11/13/25 in
agenda
review
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
24 Veterans Day Memorial Maintenance Requestor:
Moore
Seconder:
Chao
11/13/25 in
agenda
review
Staff recommends removing this item from
this list once it has been heard by the City
Council.
N/A
Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$200,000.00 $200,000.00 $1,440.31 $198,559.69 11/10/2025 City Manager's Office
Updates
#
Task Status Task
Start
Task End Update %
Completed
1.1 Research In Progress 7/1/2025 3/31/2026 1.1 Staff held individual meetings with County Fire and the Cupertino Sanitary District, external agencies
involved in the permitting approval process, to discuss permitting for small businesses. Staff also engaged
with businesses across different stages of the
permitting process to better understand their overall
experiences with internal and external permitting
process.
1.2 Staff reviewed and analyzed data sources that can
be utilized in the development of the Economic
Development Data Dashboard.
5.00 1.2 Execution
Phase
In Progress 7/1/2025 7/1/2026 1.2 As part of the City’s ongoing Shop Local program, staff implemented two new initiatives: Dine Out for
the 4th in July and Restaurant Week in October. As
part of Restaurant Week’s business support efforts,
staff, in partnership with the Cupertino Chamber of
Commerce, hosted a technical assistance workshop in
October to help businesses learn strategies for
attracting and retaining customers, further
strengthening community engagement and program
visibility. More information can be found on the
Economic Development webpage.
1.2 Staff completed a full upload of active business
license data to the Business Directory database and
added new resource providers to the Business
Resource Directory. Currently, the Business Directory
features more than 1,300 businesses, and the
Resource Directory includes over 40 resource
providers.
30.00 1.1 Streamline permitting process for small businesses
1.2 Retention and recruitment of retail and small businesses: Explore options to support small businesses/startups, fill empty storefronts, and encourage entry of new forms of retail to promote revitalization • Explore more themed events like restaurant week, and other festivals to bring vitality to Cupertino businesses • Improve placemaking in the city and the city's revenue stream Fiscal Strategy
Economic Development for Retail and Small Businesses (Page 1 of 2) 1 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$200,000.00 $200,000.00 $1,440.31 $198,559.69 11/10/2025 City Manager's Office
Updates
#
Task Status Task Start Task End Update %
Completed
1.3 Outreach In Progress 7/1/2025 7/1/2026 1.2 For the Dine Out and Restaurant Week initiatives, staff conducted targeted business
outreach through door-to-door visits, phone
calls and emails. Staff developed promotional
videos and promoted the programs across
the City’s social media channels. The
Chamber also helped with outreach efforts by
encouraging participation.
For increased visibility, a “Dine Local. Dine in
Cupertino.” banner was installed on Stevens
Creek Boulevard and participating businesses
received branded posters and window clings
to display at their storefronts. Yard signs
promoting the campaign were placed in the
public right-of-way throughout the city.
Additionally, staff distributed postcards at
community events to encourage community
participation. Local media coverage also
helped raise awareness and promote
community participation.
30.00 1.4 Closing
Processes
Future 7/1/2026 7/1/2026 Project will be complete upon the conclusion of the execution phase.
0.00 1.1 Streamline permitting process for small businesses
1.2 Retention and recruitment of retail and small businesses: Explore options to support small businesses/startups, fill empty storefronts, and encourage entry of new forms of retail to promote revitalization • Explore more themed events like restaurant week, and other festivals to bring vitality to Cupertino businesses • Improve placemaking in the city and the city's revenue stream Fiscal Strategy
Economic Development for Retail and Small Businesses (Page 2 of 2) 2 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 City Manager's
Office
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Planning
Phase
Complete 7/1/2025 8/31/2025 The City Council reinstated the EDC through Ordinance 25-2273, which was approved
following a first reading on July 1, 2025, and a
second reading on July 15, 2025. The
ordinance took effect 30 days later, on August
14, 2025.
100.00
1.2 Outreach Complete 7/1/2025 10/7/2025 The application period for the EDC closed on September 2, 2025. The City Council
conducted interviews on September 15, 2025,
and appointed five members representing the
following industries: Hospitality/Tourism,
Technology, Commercial Real Estate,
Education, and Retail/Small Business. On
October 7, 2025, the City Council designated a
primary and alternate representative from the
City Council to the EDC. Information on the
EDC and the new appointees can be found on
the EDC webpage.
100.00
1.3 Design Phase In Progress 9/15/2025 11/30/2025 A press release announcing the reinstatement of the EDC was issued on September 19, 2025.
During the week of September 22, staff
facilitated onboarding and orientation
activities, which included administration of the
oath of office, orientation, establishment of
City email accounts, creation of the
Committee’s webpage, and completion of
other administrative setup tasks.
95.00 1.3 Create a small business council, provide regulatory support.
1.4 Restore the Economic Development Committee
Fiscal Strategy
Small Business Council / Economic Development (Page 1 of 2) 3 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 City Manager's
Office
Updates
#
Task Status Task Start Task End Update %
Completed
1.4 Execution
Phase
Future 11/15/2025 12/31/202
5 The EDC will host its first quarterly meeting
before the end of calendar year 2025, with
regular quarterly meetings to continue
thereafter.
0.00 1.5 Closing
Processes
Future 1/1/2026 6/30/2026 This project will close out once a subcommittee within the EDC is established. This
subcommittee will focus on providing
regulatory support through the formation of a
Small Business Council.
0.00 1.3 Create a small business council, provide regulatory support.
1.4 Restore the Economic Development Committee
Fiscal Strategy
Small Business Council / Economic Development (Page 2 of 2) 4 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 Administrative
Services
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Planning
Phase
Complete 7/1/2025 7/31/2025 Contacted current list of qualified candidates on the MA list to determine
interest. Held selection interviews with
qualified candidates and performed
reference checks of top candidate.
100.00
1.2 Execution
Phase
Complete 8/1/2025 10/31/2025 Did not pursue offer to candidate. Staff pivoted to open recruitment approach for
broader candidate outreach; finalized
preparation for position posting. Position
was posted 9/3 with interviews concluded
by the middle of October.
100.00
1.3 Closing
Processes
In Progress 10/20/2025 12/31/2025 Reference checks and final offer presented to candidate. Start date
anticipated in December.
50.00 Explore a Grants Analyst Position
Fiscal Strategy
Grants Analyst
5 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$250,000.00 $250,000.00 $0.00 $250,000.00 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 7/1/2025 12/31/2025 Exploration of industry standards and regional practice
50.00 1.2 Planning
Phase
In Progress 1/3/2025 2/20/2026 Compare with existing process and methods/paths to update; identify
potential cost of software update and/or
materials
50.00 1.3 Procurement
Phase
Future 2/20/2026 3/31/2026 If software update and/or new materials are necessary, begin purchasing process.
0.00 1.4 Execution
Phase
Future 4/1/2026 5/29/2026 Update procedures and process and any public handouts, update city website.
0.00 1.5 Closing
Processes
Future 6/1/2026 6/30/2026 Project will be completed once updates have been made.
0.00 Develop a suite of improvements to (1) improve access to, and (2) speed the processing of permits for small home upgrades so as to enhance compliance and improve overall efficiency. Improve turnaround times. Set SLA's for staff and outsourced reviewers, customer service KPI's, templates to reduce back and forth, internal staff expertise to reduce consulting expenses.
Quality of Life
Permit Streamlining and Simplification for Small Home Upgrades 6 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$25,000.00 $25,000.00 $0.00 $25,000.00 11/10/2025 Administrative Services
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research Complete 7/1/2025 9/30/2025 1. Investment Policy (IP): Researched other agencies. Additional research still needed
for refinement of policy and quarterly
report
2. Cash Flow Policy (CFP): Researched other
agencies and have begun developing a
policy and cash flow model.
100.00
1.2 Planning
Phase
Complete 7/1/2025 9/30/2025 1. IP: Start drafting policy
2. CFP: Draft policy has been created but
still being refined before ASD and CM
review. Cash flow model is complete and in
test.
100.00
1.3 Execution
Phase
In Progress 10/1/2025 6/30/2026 1. IP: complete policy
2. CFP: complete policy
50.00 Review and assess the City’s investment policy and best practices with an analysis of quarterly treasurers report. Establish a cashflow management policy with the goal to reduce the total percentage in cash from 20% to 2% and to reduce the total percentage in cash and cash-equivalent to at most 10%, on par with other cities.
Fiscal Strategy
Financial, Investment, and Cashflow Policy Review
7 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$1,000,000.00 $1,000,000.00 $0.00 $1,000,000.00 11/10/2025 City Attorney's Office
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 10/1/2025 11/30/2026 Research impact fees in other cities and legal parameters for each fee. This item
was intended to start in year 2 but staff
have already begun preliminary
discussions.
20.00 1.2 Planning
Phase
Future 11/30/2026 1/31/2027 Present options and findings to Council and determine next steps.
0.00 1.3 Execution
Phase
Future 1/31/2027 5/31/2027 Implement fees as applicable pending Council direction.
0.00 1.4 Closing
Processes
Future 5/31/2027 6/30/2027 Project will be completed once updates are made.
0.00 Conduct nexus studies to review a range of impact fees, such as Traffic Impact Fee, Retail Impact Fee, BMR Impact Fee, and Parkland Impact Fee, and other means of offsetting conversion of commercial land uses to residential to ensure the impact fees are defensible against legal challenges.
Fiscal Strategy
Defensible Impact Fee Nexus Study for Traffic Impact Fee, Retail Impact Fee, BMR Impact Fee, and Parkland Impact Fee
8 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$250,000.00 $250,000.00 $0.00 $250,000.00 11/10/2025 Public Works Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 7/1/2025 11/12/2025 1) Locate areas of unprogrammed turf that would facilitate pollinator vegetation.
2) Prepare for pilot study to verify
appropriate water usage.
70.00 1.2 Procurement
Phase
Future 11/12/2025 12/31/2025 1) Procure consultant to prepare drawings for turf conversion.
0.00 1.3 Planning
Phase
In Progress 10/1/2025 7/31/2026 2) Initiate irrigation pilot study to verify appropriate water usage.
25.00 1.4 Design
Phase
Future 1/1/2026 5/31/2026 1) Prepare plans for turf conversion.
Coordinate effort with Sustainability
Commission.
0.00 1.5 Execution
Phase
Future 5/31/2026 7/31/2026 1) Convert turf to pollinator vegetation. 0.00
1.6 Closing
Processes
Future 7/31/2026 9/30/2026 2) Evaluate pilot irrigation program and establish next steps as necessary.
0.00 1) Reduce irrigation while increasing pollinator supporting vegetation (turf conversion). 2) Optimize irrigation systems including CUSD use agreement sites.
Environmental Sustainability
Water Conservation Policies
9 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$65,000.00 $65,000.00 $951.18 $64,048.82 11/10/2025 Parks & Recreation Updates
#
Task Status Task Start Task End Update % Completed
1.1 Research In Progress 7/1/2025 12/31/2025 Work with SASCC to provide the gap and feasibility analysis and bring together a
working group
10.00 1.2 Outreach In Progress 7/1/2025 12/31/2025 Enhance marketing efforts for Senior Center and programs
50.00 1.3 Planning
Phase
In Progress 7/1/2025 12/31/2025 Explore potential external agencies to provide services to enhance Senior Services
50.00 1.4 Execution
Phase
Future 1/1/2026 2/28/2026 Analyze SASCC gap and feasibility analysis results
0.00 1.5 Closing
Processes
Future 3/1/2026 6/30/2026 Share results with the appropriate departments and implement what is feasible
0.00 6.1 Due to the high cost of senior centers, many seniors have to "age in place", but do still need services typically provided in senior centers, in addition to common home maintenance.
6.2 Utilizing the survey results conducted in 2022 and 2023 to meet the needs of Cupertino seniors
6.3 Consider consultant services similar to Palo Alto or Saratoga Senior Center to enhance services, while reducing cost to the city.
NOTE: Cupertino Age-Friendly could make a presentation on the result of 2023 survey, in collaboration with the city staff.
NOTE: Successful Aging Solutions & Community Consulting (SASCC), who runs the Saratoga Senior Center could provide a free gap analysis and feasibility analysis Quality of Life
Enhance Senior Services
10 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$200,000.00 $200,000.00 $0.00 $200,000.00 11/10/2025 Public Works Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 7/1/2025 12/31/2025 Staff to look into various concepts for city properties. Discussions on CUSD/Finch
have occurred during closed sessions since
September 2025.
25.00 1.2 Design
Phase
Future 1/1/2026 4/30/2026 Produce memo with options and develop scope for report.
0.00 1.3 Execution
Phase
Future 5/1/2026 5/31/2026 Present study to Council. 0.00
1.4 Closing
Processes
Future 6/1/2026 6/30/2026 Project complete once Council receives study.
0.00 Future planning strategies for Stocklmeir house/garages, Blech House, Blue Pheasant. Goal of judicial use of city-owned properties. Investigate potential purchase of CUSD Finch/Phil property. Include the McClellan Barn and the house at the entrance of Blackberry Farm.
Quality of Life
City Properties: Planning for Optimal Use
11 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 Public Works
Updates
#
Task Status Task Start Task End Update %
Completed
1.2 Research Complete 7/1/2022 9/30/2022 Researched 5G ordinance regulations in other cities.
100.00
1.3 Execution
Phase
Complete 4/1/2023 10/21/2025 Staff is finalizing a muni code update based on input from City Council. This
update will govern the installation of
wireless small cell facilities within the
Public Right of Way. This was adopted at
the October 21, 2025 City Council
meeting.
100.00
1.4 Closing
Processes
Complete 9/30/2025 11/30/2025 This ordinance will go into effect on November 20.
100.00
Update 5G Ordinance
Quality of Life
5G Ordinance
12 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$40,000.00 $40,000.00 $0.00 $40,000.00 11/10/2025 City Manager's Office
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 7/1/2025 3/31/2026 Emergency policies are currently being reviewed in order to assess need for
updates.
50.00 1.2 Planning
Phase
In Progress 7/1/2025 2/28/2026 Staff is developing a plan for the EOC activation and the recruitment for a new
Emergency Manager.
60.00 1.3 Execution
Phase
In Progress 9/1/2025 3/1/2026 Updates will be made as necessary to the Emergency policies. EOC activation will
commence in December.
60.00 1.4 Closing
Processes
Future 3/1/2026 6/30/2026 Project will be completed upon completion of EOC activation, Emergency Manager
recruitment, and potential policy updates.
0.00 Review fire, earthquake, tornado, active shooter, tsunami, hazardous transport accident policies; and ensure EOC is active and functioning with a permanent position not consultant running the program.
Quality of Life
Emergency Operations Readiness
13 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$250,000.00 $250,000.00 $0.00 $250,000.00 11/10/2025 Public Works Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 7/1/2025 11/30/2025 Prepare RFP Documents for Advertising 60.00
1.2 Procurement
Phase
Future 11/30/2025 1/31/2026 Advertise project, select consultant, execute contract.
0.00 1.3 Outreach Future 2/1/2026 9/30/2026 Prepare document and solicit public input.
0.00 1.4 Closing
Processes
Future 10/1/2026 11/30/2026 Accept final plan. 0.00
Create an Urban Forest Master Plan that includes an updated and expanded tree list which will increase the number of trees, enhance the City's tree canopy, and promote landscaping throughout the City.
Environmental Sustainability
Urban Forest Program
14 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$10,000.00 $10,000.00 $0.00 $10,000.00 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research In Progress 7/1/2025 11/28/2025 Explore industry standards, regional practices, and legal parameters.
50.00 1.2 Design
Phase
In Progress 12/1/2025 3/27/2026 Consider updates and potential PC/CC review.
25.00 1.3 Execution
Phase
Future 3/30/2026 4/30/2026 Finalize updates to documents, website, CMC.
0.00 1.4 Closing
Processes
Future 5/1/2026 5/30/2026 Project will be completed once updates are finalized.
0.00 1. Consider a community meeting requirement for any major project application, especially those requiring a general plan amendment, as some other cities have adopted.
2. Consider increasing notification radius from 300 feet to 500 feet (or even 1000 feet for major projects) for any project application, especially those requiring a general plan amendment.
3. Improve notification methods for SB 330 preliminary applications, streamlined projects, not requiring planning/council approval and other projects
Public Engagement & Transparency
Add Notifications for SB 330 & Other Projects During the Application & Approval Process
15 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$100,000.00 $100,000.00 $0.00 $100,000.00 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.2 Research In Progress 10/1/2024 11/30/2025 The City of Cupertino has joined with other West Valley Cities to jointly study
opportunities to address issues faced by the
unhoused and will execute a group contract
with GoodCity to conduct the study. The
Needs Analysis portion of the study is
complete and the feasibility portion is
nearing completion.
75.00 1.3 Procurement
Phase
Complete 10/1/2024 4/2/2025 The City Manager was authorized to sign a Memorandum of Understanding to execute
the agreement to join the West Valley Cities
joint feasibility study during the April 2,
2025 City Council meeting.
100.00
1.4 Execution
Phase
Complete 6/30/2025 11/30/2025 On July 15, 2025, policies on oversized parking and RVs were considered by the
City Council. An ordinance was presented
for first reading on Sep 3, 2025 and
adopted on Sep 16, 2025. Outreach to RV
residents will be coordinated with WVCS
and Sheriff's Office prior to enaction on Oct
16, 2025.
100.00
1.5 Closing
Processes
In Progress 11/30/2025 6/30/2026 Upon completion, the results of the feasibility study will be presented to the City
Council for a study session. The City Council
will also consider other policies related to
RVs and encampment policies will be
considered by Council on November 4,
2025
25.00 Determine best practices for limited budget smaller cities to manage the unhoused. Review RV practices in surrounding cities for impacts and potential adoption. Review transitional housing outcomes in surrounding cities. Policies to include nimble contingency plans.
Quality of Life
Unhoused Policies
16 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 Public Works
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Design
Phase
In Progress 7/1/2025 6/30/2026 Dialog Consulting to complete design drawings for City Hall Annex and future
EOC.
50.00 1.2 Planning
Phase
In Progress 7/1/2025 11/18/2025 Hold City Hall Study Session for City Hall Retrofit discussion
20.00 1.3 Procurement
Phase
Future 7/1/2026 11/30/2026 1) Procure contractor for City Hall Annex Renovation.
2) Prepare RFP documents for design of
City Hall Retrofit, procure consultant,
execute contract.
0.00 1.4 Design
Phase
Future 2/16/2026 2/15/2027 Prepare Design Drawing for City Hall Retrofit Project
0.00 1.5 Execution
Phase
Future 10/1/2026 7/1/2027 Renovation for City Hall Annex will begin in fall 2026. Construction of retrofit
improvements will begin in early 2027.
0.00 1.6 Closing
Processes
Future 7/1/2027 5/1/2029 The completion of the City Hall annex is scheduled for mid-2027. Retrofit
improvements are tentatively scheduled
for completion summer 2029.
0.00 Implement the previously approved 2022 Council plan with EOC migration 1) City Hall Annex Renovation (including the EOC)
2) City Hall Retrofit
Quality of Life
City Hall Retrofit and City Hall Annex Renovation including the EOC 17 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$238,000.00 $238,000.00 $12,208.62 $225,791.38 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.2 Research Complete 7/1/2019 10/30/2019 Researched need for ELI developmentally disabled housing and moderate income
housing and determined possible City
locations.
100.00
1.3 Planning
Phase
Complete 7/1/2021 8/16/2022 Scoped affordable housing project with non-profits/developers and worked with
Public Works to determine feasibility of
project on City sites. Had Council study
session March 15. RFP was released in
August .
100.00
1.4 Procurement
Phase
Complete 2/9/2021 4/15/2025 Two responses to the NOFA were received in Feb 2025 for the Mary Ave and Wolf Rd
projects. On Mar 27, 2025 the Housing
Commission recommended providing
funding assistance to both projects. On
April 15, Council approved funding for both
projects.
100.00
1.5 Design
Phase
Complete 12/19/202
4 9/30/2025 Staff studied opportunities for preserving
expiring BMR housing and presented
options. Preserving BMRs through
acquisition was found to be infeasible with
current BMR funds. BMR Anti-Displacement
policy: priority replacement on the waitlist
passed on June 15, 2025. Mary Ave Villas
submitted development application and
study session was held in July.
100.00
Explore opportunities to preserve existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property as well as the County-owned sites.
Housing
Preserve existing and develop new BMR/ELI Housing (Page 1 of 2) 18 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$238,000.00 $238,000.00 $12,208.62 $225,791.38 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.6 Execution
Phase
In Progress 1/31/2023 12/30/2025 Council selected developer through approval of an ENA for the Mary Avenue
Site in February. Developer to continue
community outreach efforts and submit
application. City Council has authorized $4
million in funding for the development.
Loan documents, BMR agreements, and
land lease are currently being drafted.
Application has been deemed complete and
is currently under review for compliance.
75.00 1.7 Closing
Processes
In Progress 9/30/2025 2/20/2026 Execution of loan, BMR agreement, and land lease expected to be complete in
October 2025. Final step includes entering
into Disposition and Development
Agreement by 2025. Will present final DDA
to Council in early 2026. Construction will
commence.
25.00 Explore opportunities to preserve existing expiring BMR housing. Develop ELI (Extremely Low Income) and BMR housing units for Developmentally Disabled individuals (IDD) on City-owned property as well as the County-owned sites.
Housing
Preserve existing and develop new BMR/ELI Housing (Page 2 of 2) 19 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$240,000.00 $240,000.00 $55,917.75 $184,082.25 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.2 Procurement
Phase
Complete 10/9/2020 4/30/2024 RFP sent out in Oct 2020. Proposals evaluated and RRM Design Group was
selected for this project, but was put on
hold in October 2023. RRM Design Group
contract terminated in late 2023. Council
approved a new agreement with
Placeworks in April 2024.
100.00
1.3 Outreach In Progress 12/1/2024 12/31/2025 A community meeting was held on 2/10/2025 in hybrid format to discuss why
we need objective standards, how they are
different from subjective standards and
how the community can continue to
engage on this subject. Over 20
participants were in attendance.
80.00 1.4 Design
Phase
In Progress 7/31/2025 12/30/2025 Prepare and review draft documents internally.
50.00 1.5 Execution
Phase
In Progress 10/1/2025 2/28/2026 Project review and approval by Planning Commission and City Council.
25.00 1.6 Closing
Processes
Future 3/31/2026 3/31/2026 Complete project, publish final documents on website etc.
0.00 Create objective design standards for residential projects, including ensuring adequate buffers from neighborhood low‐density residential development
Quality of Life
Residential and Mixed Use Residential Design Standards FY 23 20 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 Public Works
Updates
#
Task Status Task Start Task End Update % Completed
1.1 Planning
Phase
Complete 7/1/2024 7/1/2024 Staff completed studies on designated corridors with potentially high
concentration of bikes and peds due to
recent bike or ped related
improvements (Blaney, Bubb, Mary,
Prospect, McClellan).
100.00
1.2 Execution
Phase
Complete 7/1/2024 12/31/2024 Staff made adjustment of posted speed limits in the field for initial streets listed
above.
100.00
1.3 Closing
Processes
In Progress 1/1/2025 6/30/2026 Municipal Code Amendments to be adopted upon completion of a
proposed City-wide study, which is
included as a Q1 budget proposal to
collect additional data.
30.00 Lower speed limits where feasible pursuant to state adopted Assembly Bill 43.
Transportation
Speed Limit Lowering (AB 43)
21 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$25,000.00 $25,000.00 $0.00 $25,000.00 11/10/2025 Community Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research Future 1/1/2026 2/28/2026 In collaboration with CAO, staff will do research to determine what needs to be
changed
0.00 1.2 Procurement
Phase
Future 3/1/2026 4/15/2026 Staff will prepare an RFP for services and based on responses may need to request
budget amendment from Council to
complete scope of work.
0.00 1.3 Design
Phase
Future 5/15/2026 6/15/2026 Staff will refine contract and scope of work with selected consultant.
0.00 1.4 Outreach Future 7/1/2026 7/31/2026 Outreach to the public, including the business community.
0.00 1.5 Design
Phase
Future 8/1/2026 8/31/2026 Staff will work with consultant to determine what changes may be
proposed.
0.00 1.6 Execution
Phase
Future 9/1/2026 11/30/2026 Staff will work with consultant to draft Ordinances and bring for Council
consideration at a public hearing.
0.00 1.7 Closing
Processes
Future 12/1/2026 1/31/2027 Ordinance may be updated upon Council direction.
0.00 Update Sign Ordinance.
Quality of Life
Sign Ordinance
22 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$330,000.00 $330,000.00 $307,960.76 $22,039.24 11/10/2025 Public Works Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Procurement
Phase
Complete 7/1/2024 12/31/2024 Agreement executed December 2024. 100.00
1.2 Execution
Phase
In Progress 1/1/2025 5/31/2026 Phase 1 is complete. Project recommendations are being developed
and Phase 2 outreach is underway. An
update has been presented to the Bike
Ped and Planning Commissions. An
update was also provided at the 11/4/25
City Council meeting.
70.00 1.3 Closing
Processes
Future 6/1/2026 6/30/2026 City Council adoption of plan expected June 2026.
0.00 This item is a consolidation of existing and new transportation efforts aiming to further goals outlined in the City's Vision Zero Initiative, including:
1) Review and update the bike plan
2) Review and update the pedestrian plan
3) Review current Complete Streets Policy and propose adjustments to create a better interface between all modes of transportation
Transportation
Active Transportation Plan
23 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$50,000.00 $50,000.00 $0.00 $50,000.00 11/10/2025 Public Works Updates
#
Task Status Task Start Task End Update %
Completed
1.2 Research Complete 10/5/2022 2/15/2023 Staff completed research on bike rack and installation requirements
100.00
1.3 Outreach Complete 10/19/2022 4/16/2025 Staff gathered feedback and recommendations from commissions
100.00
1.4 Planning
Phase
Complete 9/4/2023 4/30/2025 BPC Subcommittee and Rotary finalized locations for bike racks at parks.
100.00
1.5 Execution
Phase
In Progress 5/1/2025 6/30/2026 Decorative bike racks purchased by Rotary have been installed. U-shape racks to be
purchased and installed imminently.
Locations for U-shape rack installations
being investigated.
50.00 1.6 Closing
Processes
Future 6/30/2026 6/30/2026 Project will be complete once bike racks are installed.
0.00 Increase the inventory of bicycle facilities and amenities, such as bike racks, citywide.
Transportation
Bicycle Facilities FY 23
24 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$0.00 $0.00 $0.00 $0.00 11/10/2025 Community
Development
Updates
#
Task Status Task Start Task End Update %
Completed
1.1 Research Complete 1/30/2024 8/30/2024 CIP and CDD staff completed the research phase by examining multiple Bay Area
jurisdictions.
100.00
1.2 Outreach Complete 9/1/2024 5/31/2025 Study session held at the 9/23/24 Arts and Culture Commission. Staff will return
in early 2025 with modifications to the
existing policy and Municipal Code for
the Commission's review. Staff will
engage with SVCREATES to review
Commission recommendation.
100.00
1.3 Execution
Phase
In Progress 5/19/2025 2/28/2026 Arts and Culture Commission finalizing recommendations in Spring 2025.
Afterwards, this will be brought to the
City Council for a First and Second
Reading. Last revision approved by ACC
on July 28, 2025. Planning Commission
reviewed on September 23, 2025. CC
conducted a study session on October 21,
2025.
75.00 1.4 Closing
Processes
Future 2/28/2026 3/30/2026 Muni Code will be updated based on Council direction.
0.00 Revisit Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art‐in‐lieu fee policy.
Quality of Life
Art in Public and Private Areas
25 Power BI Desktop
Details
Estimated
Budget
Allocated Budget Budget Expended /
Encumbered
Budget
Remaining
Last Updated Lead Department
$50,000.00 $50,000.00 $38,699.70 $11,300.30 11/10/2025 Public Works Updates
#
Task Status Task Start Task End Update %
Completed
1.2 Research Complete 1/31/2024 6/1/2025 Staff has completed research and coordination with neighboring jurisdictions
about policy options for new buildings.
Policy options for existing buildings are
currently being assessed in partnership
with regional jurisdictions and contractors.
100.00
1.3 Outreach Complete 8/1/2024 7/31/2025 Workshops and stakeholder calls with local businesses on existing building policies
have been completed. Residential outreach
campaign and survey in progress with
support from a contractor.
100.00
1.4 Execution
Phase
Complete 5/1/2024 4/30/2025 Due to recent legal rulings, a Reach Code replacement for new building electrification
was approved by Council in September
2024. The code became effective in April
2025, following CEC an CBSC approval.
100.00
1.5 Planning
Phase
In Progress 3/1/2025 11/30/2025 Draft policy options for existing buildings electrification will be developed based on
feedback from community and regional
approach.
97.00 Conduct public outreach, policy research, and coordinate with regional efforts to develop policy options for electrification of Cupertino's buildings in light of recent legal rulings inhibiting certain electrification efforts.
Environmental Sustainability
Electrification Study
26