CC 01-13-2026 Searchable Packet.pdf — Cupertino City Council, January 13, 2026

Tuesday, January 13, 2026
6:45
PM

CITY OF CUPERTINO
Special Meeting
10350 Torre Avenue, Council Chamber and via Teleconference City
Council

KITTY MOORE, MAYOR

LIANG CHAO, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER

SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER

IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3200 | www.cupertino.gov
AGENDA
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City Council Ag enda January 13, 2026

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION OP
TIONS TO OBSERVE:

Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) Watch a live stream online at www.Cupertino.gov/youtube and www.Cupertino.org/webcast
4) Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda.

OPTIONS TO PARTICIPATE AND COMMENT:

Members of the public wishing to address the City Council may do so in the following ways:
1) Appear in person for Open Session at Cupertino Community Hall.

A. During “Oral Communications”, the public may comment on matters not on the agenda, and for agendized matters, the public may comment during the public comment period for each agendized item.

B. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards is voluntary and not required to attend the meeting or provide comments, it is helpful for the purposes of ensuring that all speakers are called upon.

C. Speakers must wait to be called, then proceed to the lectern/podium and speak into the microphone when recognized by the Mayor.

D. Speakers are limited to three (3) minutes each. However, the Mayor may reduce the speaking time depending on the number of people who wish to speak on an item. A speaker representing a group between 2 and 5 members of the public in attendance may have up to 2 minutes per group member to speak, up to 10 minutes maximum.

E. Please note that due to cyber security concerns, speakers are not allowed to connect any personal devices at the lectern/podium. However, speakers that wish to share a document (e.g. presentations, photographs or other documents) during oral comments may do so in one of the following ways:
a) At the overhead projector at the podium, or
b) E-mail the document to [email protected] by 3:00 p.m. and staff will advance the

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City Council Ag enda January 13, 2026
slides/share the documents during your oral comment.
2) Wr
itten Communications as follows:

A. E-mail comments to the City Council for Open Session at [email protected] as follows:
a. E-mail comments must be received by 4:00 p.m. on the day of the meeting in order to be forwarded to the City Council before the meeting.
b. Emailed comments received following agenda publication but prior to, or during, the meeting, will be posted to the City’s website after the meeting. c. These e-mail comments will also be received by each City Councilmember, the City Manager, and the City Clerk’s Office. Comments on non-agenda items sent to any other email address will be included upon the sender's request.

B. Regular mail or hand delivered addressed to the: City Council, City Hall, 10300 Torre Avenue, Cupertino, CA 95014
3) Open Session Teleconference in one of the following ways:

A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_T6DEwqCeQzmT8lQF_0o_KA a) Registrants will receive a confirmation email containing information about joining the webinar.
b) Speakers will be recognized by the name they use for registration. Once recognized, speakers must click ‘unmute’ when prompted to speak.
c) Please read the following instructions about technical compatibility carefully: One can directly download the teleconference (Zoom) software or connect to the meeting in their internet browser. If a browser is used, make sure the most current and up-to-date browser, such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.

Certain functionality may be disabled in older browsers, including Internet Explorer.

B. By Phone (Audio only): No registration is required in advance and speakers may join the meeting as follows:
a) Dial 669-900-6833 and enter WEBINAR ID: 845 1751 7258 b) To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6 c) Speakers will be recognized to speak by the last four digits of their phone number.

C. Via an H.323/SIP room system:

Join from an H.323/SIP room system:

H.323:

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City Council Ag enda January 13, 2026
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 845 1751 7258
SIP: [email protected]
D. Online via the teleconferencing device (Audio and Video) being used to provide access to the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda. a) Speakers are required to notify the City Clerk via email to [email protected] prior to noon on the date of the meeting during which they plan to participate and comment from the remote location noticed to ensure the City Clerk is prepared to accept their comment. b) If the teleconferencing device malfunctions impeding access to the meeting from the remote location, the speaker may alternatively participate via the other options for remote participation provided above.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NO
TICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 13, 2026, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING

CALL TO ORDER
PLED

GE OF ALLEGIANCE

ROLL CALL

CONSENT CALENDAR

1. Subject: Amendment to 2026 Council Committee Assignments to designate Co
uncilmember Wang as the primary and Vice Mayor Chao as the alternate to the Cities Association of Santa Clara County Legislative Action Committee.

Recommended Action: Am end the 2026 Council Committee Assignments to designate Councilmember Wang as the primary and Vice Mayor Chao as the alternate to the Cities Association of Santa Clara County Legislative Action Committee.

Staff Report
A - 2026 Council Committee Assignments
B - Amended 2026 Council Committee Assignments (redline) C - Amended 2026 Council Committee Assignments (clean)

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City Council Ag enda January 13, 2026

STUDY SESSION

2. Subject: Study session regarding Potential November 2026 Ballot Measure on Parkland R
ezoning Considerations.

Recommended Action: Co nduct study session and provide direction to staff to begin preliminary analysis and engagement regarding a potential parkland rezoning ballot measure, and return to City Council with recommended next steps.

Staff Report

3. Subject: Study session regarding Various Revenue Tax Options.

Recommended Action: Co nduct study session and provide direction to staff to begin preliminary analysis regarding budgetary need for and timeline of potential revenue generating ballot measure, and return to City Council with recommended next steps.

Staff Report
A – Presentation (2023.12.5)

4. Subject: Study Session to consider possible updates to the City’s practices pertaining to i
ts advisory bodies, including its Commissions and Committees.

Recommended Action: Co nsider and discuss options for updating the City’s practices pertaining to its advisory bodies, including (1) increasing community participation via extended nepotism restrictions, (2) filling vacancies and appointing alternates, (3) updating attendance requirements, (4) recognizing commissioner autonomy, and (5) considering the unique characteristics of Committees as compared to Commissions, including the Economic Development Committee and the Audit Committee.

Staff Report

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence le
gislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must

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City Council Ag enda January 13, 2026
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the Cit
y’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
26-14736 Agenda Date: 1/13/2026
Agenda #: 1.

Subject: Amendment to 2026 Council Committee Assignments to designate Councilmember Wang as the primary and Vice Mayor Chao as the alternate to the Cities Association of Santa Clara County Legislative Action Committee.

Amend the 2026 Council Committee Assignments to designate Councilmember Wang as the primary and Vice Mayor Chao as the alternate to the Cities Association of Santa Clara County Legislative Action Committee.

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OFFICE OF THE CITY CLERK

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: January 13, 2026
Subject
Amendment to 2026 Council Committee Assignments to designate Councilmember Wang as the primary and Vice Mayor Chao as the alternate to the Cities Association of Santa Clara County Legislative Action Committee.

Recommended Action
Amend the 2026 Council Comm ittee Assignments to designate Councilmember Wang as the primary and Vice Mayor Chao as the alternate to the Cities Association of Santa Clara County Legislative Action Committee.

Background
The City Council appoints Councilmembers to serve as representatives to various local and regional organizations. Per the City Council Procedures Manual (Resolution No. 25 -016), the Mayor appoints Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting.

Under the Procedures Manual, the City Council has the opportunity to ratify or modify the Mayor’s appointments. It is the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.

Reasons for Recommendation and Available Options
On December 16, 2025, the City Council approved the annual committee assignments for the 2026 calendar year (Attachment A). Under the initial appointments, Vice Mayor Chao was designated as the primary representative for the Cities Association of Santa Clara County (CASCC) Board of Directors, Sel ection Committee, and the Legislative Action Committee , and Councilmember Wang was designated as the alternate. These meetings occur in a "stacked" sequence on the same evening, resulting in a lengthy continuous time block commitment that limits a single representative’s ability to remain effective throughout the session.

Mayor Kitty Moore recommends amending the 2026 Council Committee Appointments to reassign Councilmember Wangas the primary for the CASCC Legislative Action Committee and Vice Mayor Chao as the alternate. This adjustment is intended to optimize councilmember time management and ensure balanced representation across the Cities Association's sequential meeting structure.
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Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None
Council Goal:

N/A
California Environmental Quality Act
N/A
_____________________________________
Prepared by: Lauren Sapudar, Acting City Clerk
Reviewed by: Astrid Robles, Senior Management Analyst
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A - 2026 Council Committee Assignments
B - Amended 2026 Council Committee Assignments (redline) C - Amended 2026 Council Committee Assignments (clean)
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2026 Council Committees
Council Committees 2026 Representative Meetings
Association of Bay Area Governments (ABAG) Kitty Moore Primary 1 Liang Chao Primary 2
Annually in June (Online registration will
be available in April)
Sheila Mohan Alternate Bay Area Metro Center
Yerba Buena Conference Room
375 Beale Street
San Francisco, California
Sheila Mohan Primary Annually in March
JR Fruen Alternate Sounty of Santa Clara, Board of Supervisors’ Chambers, County Government Center – 70 West
Hedding Street, 1st Floor, San Jose, CA 95110
Historical Society Advisory Council Liang Chao Primary 3rd Wednesday of the month at 4:30 p.m.

JR Fruen Alternate Cupertino Chamber of Commerce
(hybrid in-person/zoom if possible)
Silicon Valley Regional Interoperability Authority (SVRIA) *WVMM Rotation Every two months on the 4th Wednesday of the month Saratoga - Primary Santa Clara PD
*Note: Jurisdictions rotate for 2-year terms. Cupertino served for 3 years (2020- 2022).

Monte Sereno - Alternate 601 El Camino, Santa Clara
Santa Clara County Cities Association - Board of Directors Liang Chao Primary Monthly on the 2nd Thursday of the Month Sheila Mohan Alternate 7pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
Santa Clara County Cities Association - City Selection Committee Liang Chao Primary As needed. Replaces LAC meeting at 6pm Ray Wang Alternate 6pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
Santa Clara County Cities Association - Legislative Committee Liang Chao Primary Monthly on the 2nd Thursday of the Month Ray Wang Alternate 6pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
League of California Cities - Annual Conference - Voting Delegate Kitty Moore Primary Annual Conference Liang Chao Alternate October 2026
County of Santa Clara Housing and Community Development Advisory Committee
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2026 Council Committees
Council Committees 2026 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of Directors JR Fruen Primary Quarterly Sheila Mohan Alternate 1:30pm at Library Services & Support Center 1370 Dell Ave., Campbell, CA 95008
Santa Clara Valley Water Commission Sheila Mohan Primary Quarterly on the 4th Wednesday of the Month JR Fruen Alternate January 28, April 8, July 22, October 28 Headquarters Building Boardroom, 5700 Almaden
Expressway, San Jose, CA or via Zoom teleconference
unless otherwise noticed.
12:00 p.m.

Santa Clara Valley Transportation Authority (PAC) Kitty Moore Primary Monthly on the 2nd Thursday of the Month Policy Advisory Committee Sheila Mohan Alternate 4pm at VTA River Oaks Campus 3331 North First Street, Conference Room B-106
School Partnership and School Liaison Liang Chao - Primary 1 Sheila Mohan - Primary 2
Quarterly
Cupertino Union School District
(CUSD, FUHSD, De-Anza CC) Kitty Moore - Alternate 1309 S Mary Ave, Sunnyvale CA 94087 West Valley Mayors and City Managers Mayor - Primary Monthly on the 4th Wednesday of the Month Vice Mayor - Alternate 12pm
Location changes monthly
State Route 85 Corridor Policy Advisory Board JR Fruen Primary Ray Wang Alternate
Quarterly on a Wednesday or Thursday of the month
selected
10am
Location changes each quarter
Silicon Valley Clean Energy Authority (SVCEA) JPA Ray Wang Primary Monthly on the 2nd Wednesday of the month JR Fruen Alternate 7pm
Cupertino Community Hall
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2026 Council Committees
City of Cupertino Council Committees 2026 Representative Meetings Audit Committee (City of Cupertino) Kitty Moore Meets quarterly, usually 4th Monday of Ray Wang Quinlan Community Center, Conference
Room
4:00 p.m. - 6:00 p.m.

Cupertino Public Facilities Corporation (Cupertino) All Councilmembers Meets annually, third Monday in November and as needed
City Hall, Conference Room C
Economic Development Committee (Cupertino) Ray Wang Primary Liang Chao Alternate
Regular meetings are held quarterly and as
needed (time and location to be determined)
Disaster Council (Cupertino) Meets no less than annually.

City Hall, Conference Room C
Sister City Committees Sheila Mohan As needed
Liang Chao City Hall
* The Mayor, or their
designee per Municipal
Code section 2.40.025
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AMENDED 2026 Council Committees
Council Committees 2026 Representative Meetings
Association of Bay Area Governments (ABAG) Kitty Moore Primary 1 Liang Chao Primary 2
Annually in June (Online registration will
be available in April)
Sheila Mohan Alternate Bay Area Metro Center
Yerba Buena Conference Room
375 Beale Street
San Francisco, California
Sheila Mohan Primary Annually in March
JR Fruen Alternate Sounty of Santa Clara, Board of Supervisors’ Chambers, County Government Center – 70 West
Hedding Street, 1st Floor, San Jose, CA 95110
Historical Society Advisory Council Liang Chao Primary 3rd Wednesday of the month at 4:30 p.m.

Monte Sereno - Alternate 601 El Camino, Santa Clara
Santa Clara County Cities Association - Board of Directors Liang Chao Primary Monthly on the 2nd Thursday of the Month Sheila Mohan Alternate 7pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
Santa Clara County Cities Association - City Selection Committee Liang Chao Primary As needed. Replaces LAC meeting at 6pm Ray Wang Alternate 6pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
Santa Clara County Cities Association - Legislative Action Committee Ray Wang Primary Monthly on the 2nd Thursday of the Month Liang Chao Alternate 6pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
League of California Cities - Annual Conference - Voting Delegate Kitty Moore Primary Annual Conference Liang Chao Alternate October 2026
County of Santa Clara Housing and Community Development Advisory Committee
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AMENDED 2026 Council Committees
Council Committees 2026 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of Directors JR Fruen Primary Quarterly Sheila Mohan Alternate 1:30pm at Library Services & Support Center 1370 Dell Ave., Campbell, CA 95008
Santa Clara Valley Water Commission Sheila Mohan Primary Quarterly on the 4th Wednesday of the Month JR Fruen Alternate January 28, April 8, July 22, October 28 Headquarters Building Boardroom, 5700 Almaden
Expressway, San Jose, CA or via Zoom teleconference
unless otherwise noticed.
12:00 p.m.

Santa Clara Valley Transportation Authority (PAC) Kitty Moore Primary Monthly on the 2nd Thursday of the Month Policy Advisory Committee Sheila Mohan Alternate 4pm at VTA River Oaks Campus 3331 North First Street, Conference Room B-106
School Partnership and School Liaison Liang Chao - Primary 1 Sheila Mohan - Primary 2
Quarterly
Cupertino Union School District
(CUSD, FUHSD, De-Anza CC) Kitty Moore - Alternate 1309 S Mary Ave, Sunnyvale CA 94087 West Valley Mayors and City Managers Mayor - Primary Monthly on the 4th Wednesday of the Month Vice Mayor - Alternate 12pm
Location changes monthly
State Route 85 Corridor Policy Advisory Board JR Fruen Primary Ray Wang Alternate
Quarterly on a Wednesday or Thursday of the month
selected
10am
Location changes each quarter
Silicon Valley Clean Energy Authority (SVCEA) JPA Ray Wang Primary Monthly on the 2nd Wednesday of the month JR Fruen Alternate 7pm
Cupertino Community Hall
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AMENDED 2026 Council Committees
City of Cupertino Council Committees 2026 Representative Meetings Audit Committee (City of Cupertino) Kitty Moore Meets quarterly, usually 4th Monday of Ray Wang Quinlan Community Center, Conference
Room
4:00 p.m. - 6:00 p.m.

City Hall, Conference Room C
Sister City Committees Sheila Mohan As needed
Liang Chao City Hall
* The Mayor, or their
designee per Municipal
Code section 2.40.025
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AMENDED 2026 Council Committees
Council Committees 2026 Representative Meetings
Association of Bay Area Governments (ABAG) Kitty Moore Primary 1 Liang Chao Primary 2
Annually in June (Online registration will
be available in April)
Sheila Mohan Alternate Bay Area Metro Center
Yerba Buena Conference Room
375 Beale Street
San Francisco, California
Sheila Mohan Primary Annually in March
JR Fruen Alternate Sounty of Santa Clara, Board of Supervisors’ Chambers, County Government Center – 70 West
Hedding Street, 1st Floor, San Jose, CA 95110
Historical Society Advisory Council Liang Chao Primary 3rd Wednesday of the month at 4:30 p.m.

Monte Sereno - Alternate 601 El Camino, Santa Clara
Santa Clara County Cities Association - Board of Directors Liang Chao Primary Monthly on the 2nd Thursday of the Month Sheila Mohan Alternate 7pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
Santa Clara County Cities Association - City Selection Committee Liang Chao Primary As needed. Replaces LAC meeting at 6pm Ray Wang Alternate 6pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
Santa Clara County Cities Association - Legislative Action Committee Ray Wang Primary Monthly on the 2nd Thursday of the Month Liang Chao Alternate 6pm at Sunnyvale City Hall, West conference Room 456 W Olive Ave, Sunnyvale 94086
League of California Cities - Annual Conference - Voting Delegate Kitty Moore Primary Annual Conference Liang Chao Alternate October 2026
County of Santa Clara Housing and Community Development Advisory Committee
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AMENDED 2026 Council Committees
Council Committees 2026 Representative Meetings
Santa Clara County Library District Joint Powers Authority - Board of Directors JR Fruen Primary Quarterly Sheila Mohan Alternate 1:30pm at Library Services & Support Center 1370 Dell Ave., Campbell, CA 95008
Santa Clara Valley Water Commission Sheila Mohan Primary Quarterly on the 4th Wednesday of the Month JR Fruen Alternate January 28, April 8, July 22, October 28 Headquarters Building Boardroom, 5700 Almaden
Expressway, San Jose, CA or via Zoom teleconference
unless otherwise noticed.
12:00 p.m.

Santa Clara Valley Transportation Authority (PAC) Kitty Moore Primary Monthly on the 2nd Thursday of the Month Policy Advisory Committee Sheila Mohan Alternate 4pm at VTA River Oaks Campus 3331 North First Street, Conference Room B-106
School Partnership and School Liaison Liang Chao - Primary 1 Sheila Mohan - Primary 2
Quarterly
Cupertino Union School District
(CUSD, FUHSD, De-Anza CC) Kitty Moore - Alternate 1309 S Mary Ave, Sunnyvale CA 94087 West Valley Mayors and City Managers Mayor - Primary Monthly on the 4th Wednesday of the Month Vice Mayor - Alternate 12pm
Location changes monthly
State Route 85 Corridor Policy Advisory Board JR Fruen Primary Ray Wang Alternate
Quarterly on a Wednesday or Thursday of the month
selected
10am
Location changes each quarter
Silicon Valley Clean Energy Authority (SVCEA) JPA Ray Wang Primary Monthly on the 2nd Wednesday of the month JR Fruen Alternate 7pm
Cupertino Community Hall
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AMENDED 2026 Council Committees
City of Cupertino Council Committees 2026 Representative Meetings Audit Committee (City of Cupertino) Kitty Moore Meets quarterly, usually 4th Monday of Ray Wang Quinlan Community Center, Conference
Room
4:00 p.m. - 6:00 p.m.

City Hall, Conference Room C
Sister City Committees Sheila Mohan As needed
Liang Chao City Hall
* The Mayor, or their
designee per Municipal
Code section 2.40.025
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CITY OF CUPERTINO
Agenda Item
25-14582 Agenda Date: 1/13/2026
Agenda #: 2.

Subject: Study session regarding Potential November 2026 Ballot Measure on Parkland Rezoning Considerations.

Conduct study session and provide direction to staff to begin preliminary analysis and engagement regarding a potential parkland rezoning ballot measure, and return to City Council with recommended next steps.

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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3109
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: January 13, 2026
Subject
Study Session Regarding Potential November 2026 Ballot Measure on Parkland Rezoning Considerations

Recommended Action
Conduct study session and provide direction to staff to begin preliminary analysis and engagement regarding a potential parkland rezoning ballot measure, and return to City Council with recommended next steps.

Background
Parkland Protection / Rezoning Initiative
Council asked staff to bring information on parkland rezoning considerations as part of the TBD list in December 2025. Staff researched the parkland protection measure adopted by the City of Milpitas’ Measure K (2016) and seeks direction on evaluating a similar measure in Cupertino .

Measure K in Milpitas proposed that any future construction or change in land use designation on parcels zoned as Parks and Open Space (POS) would require approval by two -thirds of Milpitas voters at a general or special municipal election.

Specifically, Measure K did the following:
- Prohibited residential, commercial, or industrial construction on land designated as Parks and Open Space unless approved by a two-thirds vote.
- Prohibited redesignation of land currently zoned Parks and Open Space to another land use without two-thirds voter approval.

Measure K was approved by voters with approximately 85% in favor and 15% opposed.

Next Steps and Support Needed
Upon direction from Council to pursue a ballot measure effort, staff will begin preliminary work, before returning to Council with a recommended scope of work and, if appropriate, a consultant contract and corresponding budget adjustment.

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Sustainability Impact
No sustainability impact.

Fiscal Impact
There is no direct fiscal impact from this action. If Council directs staff to proceed, costs for consultant services and placing items on the ballot would be identified in the current budget or brought forward as part of a future appropriation.

City Work Program (CWP) Item/Description: Yes.

Protections for Parkland/Consider establishing protections for parkland, similar to those adopted by the cities of Sunnyvale and Milpitas

Council Goal:

Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

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CITY OF CUPERTINO
Agenda Item
26-14749 Agenda Date: 1/13/2026
Agenda #: 3.

Subject: Study session regarding Various Revenue Tax Options.

Conduct study session and provide direction to staff to begin preliminary analysis regarding budgetary need for and timeline of potential revenue generating ballot measure, and return to City Council with recommended next steps.

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ADMINISTRATIVE SERVICES DEPARTMENT

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3109
CUPERTINO.GOV

CITY COUNCIL STAFF REPORT
Date: January 13, 2026
Subject
Study Session Regarding Various Revenue Tax Options

Recommended Action
Conduct study session and provide direction to staff to begin preliminary analysis regarding budgetary need for and timeline of potential revenue generating ballot measure and return to City Council with recommended next steps.

Background
Revenue Measure - History
In December 2023, staff presented Council with a report and presentation on various revenue - generating options to address the City's long-term structural budget concerns. Options presented included a Transaction and Use Tax (TUT), Transient Occupancy Tax (TOT) adjustment, Parcel Tax, and Business License Tax modernization. At that meeting, Council directed staff to delay polling on any specific revenue measures , conduct outreach to the business community, and return with findings and further recommendations.

In February 2024, following the survey, staff returned to Council with a recommendation to forego pursuing a revenue -generating ballot initiative for the November 2024 election. Council accepted the recommenda tion based on limited time, competing priorities, and the need for broader public engagement. At that time, staff committed to reintroducing the topic for future consideration if warranted.

Fiscal Context for Revisiting Revenue Options
Council has expressed a desire to revisit the ballot measures that were presented in 2023 as future expenditure pressures may warrant renewed consideration of revenue options. In particular, the City faces uncertainty regarding potential increases to its contract wit h the Santa Clara County Sheriff’s Office beginning in FY 2026 –27. For context, each 10% increase in the Sheriff’s contract would result in approximately $1.9 million in additional annual costs to the City. A 20% or 40% increase would correspond to approximately $3.8 million or $7.6 million, respectively. Given the 23 CC 01-13-2026
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magnitude of this potential cost driver, it is prudent for the City to begin exploring revenue measures at this time that could help address a possible structural imbalance.

Revenue Measure - Utility Users Tax (UUT)
The City’s existing UUT is set to sunset in FY 2030–31. Should the Council wish to extend or revise the UUT, voter approval would be required. However, placing such a measure on the 2026 ballot would not generate additional revenue in the short term and would have no impact on the current or immediate fiscal years. Council also has the option of directing staff to place a measure extending the UUT on the 2028 ballot.

Next Steps and Support Needed
Upon direction from Council to pursue o ne or more ballot measure efforts, staff will begin preliminary work, which may include updated revenue projections and an assessment of potential fiscal impacts. Staff will also return to Council with a recommended scope of work and, if appropriate, a consultant contract and corresponding budget adjustment.

Sustainability Impact
No sustainability impact.

City Work Program (CWP) Item/Description:

None

Council Goal:

Fiscal Strategy
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Jonathan Orozco, Finance Manager
Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:

A – Presentation (2023.12.5)
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CITY OF CUPERTINO,

CALIFORNIA
December 5, 2023
Updated
Tax
Revenue
Options
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Presentation Outline
Tax Revenue Options - General Fund 3
Transaction and Use Tax (TUT) 5
Transient Occupancy Tax (TOT) 8
Parcel Tax 11
Business Operations Tax 15
Recommendations & Next Steps 19
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Tax Revenue Options
General Fund
3 27
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General Fund Revenue Taxes – 4 Basic Considerations

1. Adequacy and Certainty
• Sustainably generates annual needed revenue
• Not subject to significant variation (low volatility)

2. Equity and Fairness
• Fiscal burden appropriately spread
• Proportionate to surrounding communities
• Does not highly skew economic incentives

3. Transparency
• Easy to find information on the revenue/tax structure and understand how it operates

4. Simplicity
• Does not require multiple ballot measures (voter confusion and fatigue) • Not highly burdensome, costly or complicated to administer (by city or payors) 428
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Transaction and Use Tax (TUT)
Basics of a TUT
• Functionally similar to state Sales and Use
Tax
(SUT) with important difference:
 SUT – Point of Sale
 W
here did sales transaction occur?
 TUT – Point of Delivery/Use
 W
here did Buyer receive goods or put
th
em to use?
• 2022 – 73% of TUT measures for new or
i
ncreased rate approved (30 of 41)
• 2020 - 74% of TUT measures for new or
i
ncreased rate approved (65 of 88)
Santa Clara Countywide
Base Rate 9.125%
State Sales Tax 6.25%
Bradley-Burns Local Share 1.00%
Santa Clara County Transit District (1976) 0.50%
Santa Clara County Valley
Transportation Authority (2006) 0.50%
Santa Clara VTA BART O&M
Transactions and Use Tax (2012) 0.125%
Santa Clara County
Retail Transactions and Use Tax (2013) 0.125%
Silicon Valley Transportation
Solutions Tax (2017) 0.50%
Peninsula Corridor JPA
Retail Transactions and Use Tax (2020)* 0.125%
5 *Authorized by special State legislation.
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Transaction & Use Tax (TUT)
• Available TUT to City = 0.25%
• Statewide Cap = 9.25% + special leg.
• County Rate = 9.0% + .125% special leg.
• Available TUT to Cupertino = 0.25%
• Total Rate in Cupertino w/ TUT = 9.375%
• Additional Annual Revenue (est.)
• @ 0.25% = $5.4 million annually
• Excludes roughly 90% business-to-
bus
iness sales (67% of City’s net state
sales tax from 2 large multi-nationals)
• Realization rate on remaining 33% is
ass
umed close to 100% due to type of
businesses (plus additional est. revenues
from auto sales)
City/Area Rate*
Santa Clara Countywide 9.125%
Campbell 9.375%
Los Gatos 9.25%
Milpitas 9.375%
San Jose 9.375%
San Mateo Countywide 9.375%
Belmont 9.875%
Brisbane 9.875%
Burlingame 9.625%
Daly City 9.875%
East Palo Alto 9.875%
Pacifica 9.875%
Redwood City 9.875%
San Bruno 9.875%
San Mateo 9.625%
South San Francisco 9.875%
San Francisco 8.625%
Alameda Countywide 10.25%
*Effective rates as of April 2023.
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Transaction & Use Tax (TUT)
 Pros:
 Standard Voter Approval Requirement – 50 % + 1 voter approval required for TOT.  High Approval – rec ent TUT measures in 2020 and 2022 have high approval rates (74% and 73% respectively) despite COVID-19 pandemic.
 Competitiveness/Adequacy – 0.2 5% TUT rate keeps City generally proportionate to surrounding communities while generating more revenue than TOT or parcel tax.  Who Bears Tax Burden – tax burden spread across residents, businesses and visitors (which includes significant daytime workforce – 60,000+ pre-pandemic).  “Use it or lose it” – 0.2 5% TUT currently available to the City could be obligated (“used”) if a regional agency or the county passed a new or increased TUT measure.

Once obligated, City’s only option would be special state legislation.  Cons:
o Volatility – sal es tax is more elastic than property/parcel tax but less than TOT (generally correlates with overall economic trends).
o Equity – TUT is not applicable to large number of business-to-business sales in which purchaser is located outside the City.
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Transient Occupancy Tax (TOT)
Basics of a TOT
• Authorized under Revenue and Tax Code s.
72 80 (stays of 30 days or less) imposed on
occupant based on room rate
• TOT has been called a “painless” tax – pa id by
non-residents – but can impact hotel
occupancy and future growth if
disproportionate to surrounding areas
• 2022 – 77% of TOT measures to increase rate
a
pproved (24 of 31)
• 2020 – 91% of TOT measures to increase rate
a
pproved (21 of 23)
Statewide Facts on TOTs*
• Most cities and counties have a TOT
(over 480 total)
• Rates range from 3.5% to 15.5%
(Palo Alto)
• Statewide mean rate = 10.2%
• On average, TOT provides 7% of
General Fund revenue
*Data as of FY 2021 – CaliforniaCityFinance.com
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Transient Occupancy Tax (TOT)
• City’s Current TOT = 12.0%
• Additional Annual Revenue (est.)
• @ 13.0% = $625,000
• @ 14.0% = $1.25 million
• @ 15.0% = $1.875 million
• Recent Trends in City’s TOT
• City’s TOT ordinance already updated to
im
prove collection from short-term rentals
(e.g., Airbnb, VRBO, etc.)
• Trendline for TOT growth is conservative
(1.
9% annual growth). Hospitality industry
continues to recover post-pandemic and
seek a “new normal.”
City/Area Rate*
Santa Clara County
Gilroy 9.0%
Mountain View,
San Jose, Saratoga 10.0%
Los Altos, Morgan Hill 11.0%
Campbell, Los Gatos, Sunnyvale 12.0 - 12.5%
Los Altos, Milpitas, Santa Clara 13.5 - 14.0%
Palo Alto 15.5%
San Mateo County
Burlingame, Colma, East Palo
Alto, Foster City, Menlo Park,
Pacifica, Redwood City

12.0%
Daly City 13.0%
Belmont, Brisbane, Millbrae, San
Bruno, San Carlos, San Mateo,
South San Francisco

14.0%
Half Moon Bay 15.0%
San Francisco 14.0%
*Rates as of November 2022.
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Transient Occupancy Tax (TOT)
 Pros:
 Standard Voter Approval Requirement – 50 % + 1 voter approval required for TOT.  High Approval – rec ent TOT measures in 2020 and 2022 have high approval rates (91% and 77% respectively) despite COVID-19 pandemic.
 Who Bears Tax Burden – TOT t ax burden borne almost exclusively by non-residents.  Cons:
o Competitiveness - Ci ty is currently in middle of regional TOT rates @ 12% but adding 3% would place it second only to Palo Alto for the region (and make it one of the highest in state).
o Adequacy - smal lest overall revenue generation unless rate significantly higher than surrounding communities (increasing competitiveness concern – see above). o Volatility – TOT is more elastic than either TUT or parcel tax, resulting in higher potential fluctuation in annual revenue.
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Parcel Tax
Basics of a Parcel Tax
• Non-ad valorem (non-v alue based) tax levied on
parcels of property
• Methodology: Either a fixed/flat rate per-pa rcel
or a variable rate depending on the size, use, or
number of units on the parcel
• Can establish different rates for residential &
commer
cial property but rate must be
applied uniformly
• Can include inflationary index
• Voter approval required: 2/3 vote required (funds
res
tricted to specified purposes); only majority
approval required if proposed by citizen initiative
Statewide Facts - Parcel Tax
• Since 2010, largest percentage of
approved parcel taxes (41%) are for
education.
• Most common methodology: flat
rate per parcel.
• For cities, between 2010 and 2022,
66% of proposed parcel taxes were
approved by the required 2/3 vote.
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Parcel Tax
• No current City parcel tax
• City’s clean water/storm protection
ass
essments are property fees (not taxes).
• Schools – Fr emont Union HS $98 parcel tax
was reauthorized in 2020 (expires 2028).

Cupertino Union $250 parcel tax expired in
2022 (reauthorization with increase to $398
rejected in by voters in 2021).
• Parcel tax measures in Santa Clara &
Sa
n Mateo counties
• 18 non-school parcel taxes on ballot from
2008 to 2022.
• 83% appr
oved.
• All for special purposes: libraries, roads,
poli
ce, water and open space.
• Since 2018, 24 school parcel taxes on ballot
wi
th only 54% approved.

City/Area Rate/yr.

Santa Clara County
Santa Clara - Libraries $34 parcel
Santa Clara – Open Space $24 parcel
San Jose – Libraries $30 parcel
North County - Libraries $76 parcel
Santa Clara Water Dist. $0.006 per sf
El Matador - Roads $350-$750 parcel
San Mateo County
E. Palo Alto – Office Space $2.50 per sf
Portola Valley – Roads $950 parcel
Highlands – Police $65 parcel
San Mateo – Police & Fire $65 parcel
Atherton – Police $750 parcel*
*Not renewed in 2017
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Parcel Tax
Additional Annual Revenue (est.)
Fixed/Flat Rate per Parcel
Parcel Type # of Parcels** Per Parcel Tax Annual Revs. (est.) Single-Family Residential (SFR)* 14,152 $250 $3,537,900 Multi-Family (three-family & larger) 205 $250 $51,250
Commercial/Office/Ind. 471 $250 $117,750
Total $3,706,900
Variable Rate per Square Foot (SF) of Parcel Size
Parcel Type (annual tax median parcel size) Total Ac.** Per SF Tax Rate Annual Revs. (est.) SFR* – 5,000 sf ($27) 178 $0.021 $163,010
SFR* – 5,000 to 10,000 sf ($155) 1,499 $0.021 $1,370,768 SFR* – 10,000 to 17,500 sf ($247) 310 $0.021 $283,210
SFR – Over 17,500 sf ($613) 407 $0.021 $372,124
Multi-Family ($219) 232 $0.021 $212,224
Commercial/Office/Ind. ($613) 1,500 $0.021 $1,372,140
Total $3,773,476
13 *includes condos, townhomes & duplexes
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Parcel Tax
 Pros:
 Low Volatility – par cel tax revenue not impacted by overall economic trends (non-ad valorem) and inflationary index helps revenues keep pace with rising expenses.  Flexibility – pa rcel tax provides some flexibility in designing tax structure to help mitigate equity concerns (see below) using a variable rate.  High Approval but for Special Purpose – vot er approval rates for city parcel taxes has been strong (83%) but all have been restricted to special not general purposes.  Cons:
o 2/3 Voter Approval Required – st
ate law requires 2/3 approval by electorate.
o Equity – flat/fixed rate parcel tax often considered very regressive but can be mi
tigated with variable rate (see above).
o Adequacy/Competitiveness - ra te equivalent to recently expired local school district parcel tax ($250/parcel or $0.020 per SF) is significantly higher than most parcel taxes in surrounding communities but generates significantly less revenue than TUT. o Who Bears Tax Burden – par cel tax burden borne exclusively by residents and businesses. 1438
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Business Operations Tax
Basics of Business Operations Tax
• Tax on businesses for privilege of conducting
bu
siness within the City.
• Methodology: Either a fixed/flat rate per
bu
siness (often varies by type of business) or
a variable rate based on some measurable
aspect of the business operations, such as:
gross receipts/payroll, number of employees
(headcount), square footage of business, etc.
• Cities have wide discretion in determining
meth
odology, rates and applicability (cannot
be discriminatory or confiscatory, and
state/federal law exempts certain activities).
• Tax is only on business activities conducted
wit
hin the City. Multi-jurisdiction businesses
must be able to apportion.

Statewide Facts – Business
Operations Tax
• More than 95% of cities impose one
or more business operations taxes.
• Average city generates around 3%
of revenue from business
operations taxes.
• Top 20 cities generate between 10%
and 25% of total revenue from one
or more business operations taxes.
• Since 2010, 65 business operations
taxes on ballot with 74% approved
(excludes cannabis) statewide. 92%
approved in Bay Area region.
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Business Operations Tax
• City’s Existing Business Operations Taxes
• $75 flat rate per business + rate per square
foot
of the business (ranging from $0.02/sf
for small businesses to $0.0025/sf for
largest business)
• City also has operations taxes (both flat and
var
iable) for specific businesses, such as
apartments (per unit), hotels (per room), taxis
(per vehicle), theaters (per seat), etc.
• Annual Amount Generated = $725,000 ($12
per
capita)
16 City Annual
Revenue
Per
Capita
Santa Clara County
Mountain View* $6 million $74
Sunnyvale $2.1 million $14
Los Gatos* $1.1 million $34
Santa Clara* $6 million $47
Los Altos $490,000 $16
Palo Alto* $9.6 million $144
Campbell $723,000 $17
San Mateo County
San Carlos $1.2 million $40
San Mateo $6.3 million $62
Foster City $1.6 million $48
* New or updated within last 5 years
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Business Operations Tax
17 Employee Count Tax* (est.)
Employee
Range
# of
Businesses
% of
Businesses
in Tier
Estimated
Employee
Count
Base Rate
Per
Business
Per
Employee
Rate
Total Tax
Effective
Tax Rate
Per
Employee
Effective
Tax Rate
Per Avg.

Business
1-9 3,128 89.37% 3,400 $25 $0 $78,200 $23 $25
10-49 300 8.57% 4,000 $100 $15 $90,000 $23 $300
50-99 40 1.14% 2,400 $250 $25 $70,000 $29 $1,750
100-249 25 0.71% 3,300 $250 $50 $171,250 $52 $6,850
250-499 5 0.14% 1,300 $250 $75 $98,750 $76 $19,750
500-999 1 0.03% 600 $250 $100 $60,250 $100 $60,250
1,000-4,999 - 0.00% - $250 $125 - - -
5,000+ 1 0.03% 24,000 $250 $150 $3,600,250 $150 $3,600,250 Totals 3,500 100.0% 39,000 $4,168,700
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Business Operations Tax
18  Pros:
 Standard Voter Approval Requirement – 50 % + 1 voter approval required for business license taxes.
 High Approval – si nce 2010, business license tax measures in Bay Area Region have high voter approval rates (94%).
 Low Volatility – bu siness operations tax based on employee count (pandemic notwithstanding) provides a stable tax base, subject to unknown longer-term impact on business location decisions (see below)
 Cons:
o Who Bears Tax Burden/Equity – ta
x burden borne exclusively by local businesses but
setting varying rates and caps can allocate the tax burden differently across different size businesses.
o Competitiveness/Equity/Adequacy - Ci ty currently has a very low business license tax rate compared to surrounding cities as measured on a per capita basis. If an employee count tax is set at top rate in the region ($75 per capita), the annual tax revenue generated is significantly less than the 0.25% TUT and it likely requires shifting tax burden to a few very large businesses. Additionally, there is an unknown potential impact on locational choices of existing and future businesses that could erode the annual tax revenues.
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Recommendations &
Next Steps
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Tax Revenue Options – Recommended Ranking
20 Rank Revenue
Option
Est.

Annual
Revenue
Pros Cons
1 Transaction
& Use Tax
(TUT)
$5.4
million
• 50% + 1 vote required with high
voter approval in recent
elections.
• Generates most revenue with
rate proportionate to
surrounding cities.
• Tax paid by residents,
businesses and
visitors/daytime workforce.
• “Use it or lose it.”
• TUT is more volatile and subject to
annual revenue fluctuation than
parcel tax but not TOT.
• TUT not applicable to large portion
of business-to-business sales in
which purchaser located outside the
City.
2 Transient
Occupancy
Tax (TOT)
$1.9
million
• 50% + 1 vote required with high
voter approval in recent
elections.
• Tax paid by non-
residents/visitors.
• TOT is more volatile and subject to
annual revenue fluctuation than TUT
and parcel tax.
• Smallest overall revenue generation
unless rate significantly higher than
surrounding communities.
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Tax Revenue Options – Recommended Ranking (cont.)
21 Rank Revenue
Option
Est.

Annual
Revenue
Pros Cons
3 Parcel Tax $3.7
million
• Parcel tax has lowest volatility
and annual revenues are very
stable.
• High voter approval but for
restricted special purposes
(not general fund).
• 2/3 vote required.
• Tax paid by residents and businesses.
• Flat/fixed parcel tax often considered
regressive tax (but can use variable
rate to improve equity).
• Rate equivalent to expired school
parcel tax generates significantly less
revenue than TUT and is higher than
other parcel taxes in the area.
4 Business
Operations
Tax –
Employee
Count
$4.1
million
• 50% + 1 vote required with
high voter approval over last
decade.
• Employee count tax has low
volatility but could erode
annual revenues if tax impacts
business location decisions.
• Tax paid exclusively by local
businesses, but varying rates/caps
can allocate burden.
• Setting rate at top of region generates
significantly less tax revenue than
TUT, and likely requires shifting tax
burden to a few very large businesses.
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November 2024 Ballot Measure – Potential Timeline
Dates Task
January & February Community opinion research conducted.

March & April Staff develops options for revenue measure based on community opinion research and feedback, Council input, and other relevant considerations.

April to August Public information disseminated explaining why and how Council is considering placing a revenue measure on the ballot.

June Council decision on appropriate revenue measure and direction for staff to prepare ballot measure language and required resolutions.

July 16, 2024 Last regularly scheduled meeting of Council for Introduction/First Reading of revenue measure ordinance.*
August 6, 2024 Last regularly scheduled meeting of Council for Second Reading/Adoption of revenue measure ordinance and approval of resolution calling the election.

August 9, 2024 Deadline for City submission of ballot measure to Registrar of Voters.

August 20, 2024 Deadline for City’s submittal of impartial analysis of ballot measure to Registrar of Voters.

November 5, 2024 Election Day.
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Recommended Action
23 Provide direction to staff regarding exploring the feasibility of one or more potential revenue tax measures—Transaction and Use Tax, Transient Occupancy Tax, Parcel Tax, and/or Business Operations Tax—through opinion research for the November 2024 election.
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CITY OF CUPERTINO
Agenda Item
26-14751 Agenda Date: 1/13/2026
Agenda #: 4.

Subject: Study Session to consider possible updates to the City’s practices pertaining to its advisory bodies, including its Commissions and Committees.

Consider and discuss options for updating the City’s practices pertaining to its advisory bodies, including (1) increasing community participation via extended nepotism restrictions, (2) filling vacancies and appointing alternates, (3) updating attendance requirements, (4) recognizing commissioner autonomy, and (5) considering the unique characteristics of Committees as compared to Commissions, including the Economic Development Committee and the Audit Committee.

CITY OF CUPERTINO Printed on 1/8/2026Page 1 of 1
powered by Legistar™
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CITY ATTORNEY’S OFFICE

CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3403
CUPERTINO.GOV
01276.0001 2076436.2 1

CITY COUNCIL STAFF REPORT
Date: January 13, 2026
Subject
Study Session to consider possible updates to the City’s practices pertaining to its advisory bodies, including its Commissions and Committees.

Recommended Action
Consider and discuss options for updating the City’s practices pertaining to its advisory bodies, including (1) increasing community participation via extended nepotism restrictions, (2) filling vacancies and appointing alternates, (3) updating attendance requirements, (4) recognizing commissioner autonomy, and (5) considering the unique characteristics of Committees as compared to Commissions, including the Economic Development Committee and the Audit Committee.

Background
Various rules governing the City’s advisory bodies can be found in (1) City Resolution No. 24-022 (“Reso 24-022”), (2) Cupertino Municipal Code Chapter 2, (3) the Commissioner’s Handbook 2024 (“Commissioner’s Handbook”), and (4) the Council Procedures Manual, implementing, among other requirements, rules for complying with the Maddy Act (the “Maddy Act”), codified in Government Code Sections 54970-54975.

1. Nepotism Restrictions
The City’s Municipal Code currently prevents members of the same family from serving on the same City advisory body. For example, Municipal Code section

2.36.010 states that the “Parks and Recreation Commission shall consist of five members who are residents of the City, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission.” The Council Procedures Manual at 49 CC 01-13-2026
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01276.0001 2076436.2 2

section 4.4 further states that “[i]mmediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee.”

The Council may wish to consider (1) further restricting appointments of family members to not only the same commission or committee, but to other City advisory bodies as well, and (2) other potential restrictions on appointments to prevent a concentration of influence over City policy.

2. Vacancies and Appointing Alternates
When members of an advisory body miss meetings, it can impact the body’s ability to conduct business when a quorum is not present. Moreover, filling an unscheduled vacancy can be time-consuming and costly because Reso 24-022 and the Maddy Act require that the City undertake lengthy recruitments taking at least 30 days to complete, usually longer, in order to fill a vacancy.

If the Council added a non-voting alternate to a City advisory body, then when a regular member is absent, after first being “seated” by the Chair for the meeting, the alternate could step in as a voting member. This would help ensure a quorum, thus allowing business to be conducted. Additionally, if an unscheduled vacancy occurs, that vacancy could be immediately filled by the alternate if the Council finds there is an “emergency” need to fill the vacancy.

Appointing alternates might also increase community participation as such non- voting alternates could attend meetings and, local rules permitting, participate in meeting discussions. Appointed alternates would be required to file Form 700 disclosures and take the oath of office.

3. Harmonizing and Updating Attendance Requirements
Reso 24-022, section C (3), the Commissioner’s Handbook, p. 5, and the Council Procedures Manual, section 4.5, each purport to govern attendance requirements.

Reso 24-022 and the Commissioner’s Handbook limit the number of meetings an advisory body member may miss by automatically removing a member (“member shall be considered removed”) from an advisory body when 1) they miss more than three consecutive meetings, or when 2) they miss more than 25% of the advisory body’s regular meetings in a calendar year. The Council Procedures Manual separately states that when an advisory body member fails to comply with the attendance policies contained in the Commissioner’s Handbook, “[t]he City Clerk shall notify the City Council and make a recommendation for potential removal” of the advisory body member. Here, “Council retains full discretion to . . . 50 CC 01-13-2026
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01276.0001 2076436.2 3

take disciplinary action as needed, including removal from the commission or committee.” These documents should be harmonized, perhaps by noting in the Commissioner’s Handbook that the rule has been updated by the Council’s further action.

Additionally, because regular meetings are often cancelled and replaced with special meetings due to scheduling, often more than 25% of meetings are missed without commissioner discipline, defeating the intent of the attendance rules.

4. Commissioner Autonomy
Currently, the Commissioner’s Handbook, states that it is “improper for an individual commissioner, acting in their official capacity, to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the commission.”

The question has been posed as to whether this is an appropriate restriction on a commissioner’s right to speak their mind. The Council might consider whether the language of the restriction limiting its application to comments made only in their “official capacity” alleviate the concern, or whether, nevertheless, it remains too restrictive of a commissioner’s right to speak freely.

5. Committee Characteristics, as compared to Commissions, including the Economic Development Committee and the Audit Committee
Committees differ from Commissions in that City Councilmembers, City staff, and sometimes both, participate as Committee members on the City’s Committees. Commissions, on the other hand, are usually comprised of community members, with staff support. As such, rules applicable to Committees may vary from those applicable to Commissions. Perhaps, more clearly defining this difference would be useful.

Reasons for Recommendation
Provide Councilmembers and the public with an opportunity to consider and discuss ways of honing the rules governing the City’s advisory bodies.

Sustainability Impact
No sustainability impact

Fiscal Impact
No fiscal impact

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01276.0001 2076436.2 4

City Work Program Item/Description
None

Council Goal
Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________

Prepared by: Floy Andrews, Interim City Attorney
Reviewed and Approved for Submission by: Tina Kapoor, City Manager Attachments:

None

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Cupertino City CouncilJanuary 13, 2026

Cupertino City Council
January 13, 2026