CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: May 19, 2026
Subject
Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Cupertino Vacancies, Recruitment and Retention Efforts.
Recommended Action
Receive the informational report on City of Cupertino Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.
Background
Assembly Bill ("AB") 2561 (Attachment A), codified in Government Code section 3502.3, passed in 2024, requires public agencies to hold a public hearing to address the status of job vacancies prior to the adoption of the upcoming final budget. During this public hearing, the City must present information on the status of vacancies and the City's recruitment and retention efforts. If necessary, the City will identify necessary changes to policies, procedures, or recruitment activities that may lead to obstacles in the hiring process. This public he aring will ensure compliance with the new law as outlined in Attachment A. During this public hearing, the City must present information on the status of vacancies and the City's recruitment and retention efforts. If necessary, the City will identify necessary changes to policies, procedures, or recruitment activities that may lead to obstacles in the hiring process. This public hearing will ensure compliance with the new law.
Reasons for Recommendation
Staff will present the following required information at the public hearing prior to the adoption of the final budget:
1. The status of vacancies at the City of Cupertino.
2. Information on the City of Cupertino’s recruitment and retention efforts.
3. Obstacles in the City of Cupertino's policies, procedures, and recruitment activities that may create challenges in the hiring process.
Based on the findings, staff recommends that Council receive the informational report on City of Cupertino Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3. No changes to policies, procedures, or recruitment practices are being recommended at this time.
As of April 15, 2026, there are no bargaining units with a vacancy rate exceeding 20%. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full -time positions, the staff presentation will also include the followi ng information:
1. The total number of job vacancies within the bargaining unit.
2. The total number of applicants for vacant positions within the bargaining unit.
3. The average number of days to complete the hiring process from when a position is posted.
4. Opportunities to improve compensation and other working conditions.
As shown in the table above, as of April 15, 2026, the Vacancy Rate is 5.7%. As a reference, the rate as of April 14, 2025, was 10.4%.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None
Council Goal:
Public Engagement and Transparency
Bargaining Unit Total
Positions
Vacant
Positions
Vacancy
Rate As of
4/15/2026
Cupertino Employees’ Association (CEA)/IFPTE
Local 21
71 3 4.2%
Operating Engineers Local No. 3 Union, AFL-CIO
(OE3)
54 1 1.9%
Unrepresented Management/Appointed Employees 85
8 9.4%
TOTAL (Does not include 5 Council positions) 210 12 5.7%
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Vanessa Guerra, Human Resources Manager
Reviewed by: Kirsten Squarcia, Deputy City Manager
Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapor, City Manager
Attachments:
A – Assembly Bill 2561