CITY OF
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
5T.195g TELEPHONE: (408) 777-3223
CUPERTINO CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Date: September 1, 2026
Subject
Resolution amending the City of Cupertino Conflict of Interest Code for officials and designated employees; Authorization for the City Manager to sign the Amended 2026 Local Agency Biennial Notice.
Recommended Action
1. Adopt Resolution No. 26-__ rescinding Resolution No. 24-099 and amending the City of Cupertino Conflict of Interest Code for officials and designated employees; and
2. Authorize the City Manager to sign the amended 2026 Local Agency Biennial Notice.
Background
Agencies must review their codes biennially and amend their codes when necessary. The Political Reform Act, Government Code Section 81000 et seq., requires local government agencies to adopt and maintain a conflict of interest code. Pursuant to Government Code Section 82011(c), the City Council serves as the code reviewing body for city agencies. The Code establishes the categories of public officials and designated employees who must disclose certain personal assets and income which might materially affect their governmental decisions. The public officials and designated employees must file a Statement of Economic Interest (Form 700) to make disclosure of their financial interests. The amount of disclosure depends upon the scope of the official's or employee's duties. Positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the code.
Persons holding positions listed in Government Code Section 87200 (87200 filers) include City Councilmembers, the City Attorney, the City Manager, Planning Commissioners, and persons who manage public investments. These officials and employees are required by state law to file a full disclosure Form 700.
During the 2024 biennial review cycle, the City Council streamlined Cupertino's code by reducing the number of disclosure categories from six down to three. This update aligned Cupertino's disclosure requirements with standard practices used by peer jurisdictions like Sunnyvale and Mountain View, by replacing redundant department-specific categories with a cleaner structure.
Under this framework, Category 1 covers employees who must make full disclosure under all Form 700 schedules. Category 2 covers employees who are exempt from real property disclosure requirements because they do not make decisions affecting real property interest. And Category 3 provides a vendor-related category for tracking positions that interact with city contractors and suppliers.
Reasons for Recommendation and Available Options
Under state mandates, the City must maintain a conflict of interest code that accurately reflects its current organizational structure. To achieve this for the current review cycle, staff reviewed the list of designated classifications and positions against the City's active staffing roster.
Additional proposed updates correct four positions omitted from the 2024 restructuring, Code Enforcement Supervisor, Senior Code Enforcement Officer, Senior Engineering Technician, and Engineering Technician, aligning them with the disclosure adopted that year. Per recent organizational restructuring, the Human Resources Division was moved under the City Manager's Office, and the Administrative Services Department was renamed the Finance Department. The Human Resources Division was accordingly moved under the City Manager's Office in the list of designated positions, and the Finance Department was moved to its appropriate alphabetical location.
Adopting the draft resolution would revise the City's Conflict of Interest Code with the updated list of designated positions and authorize the City Manager to sign the amended 2026 Local Agency Biennial Notice. If Council does not adopt the resolution, the current Conflict of Interest Code will remain in effect.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None
Council Goal:
Public Engagement and Transparency
California Environmental Quality Act
No California Environmental Quality Act impact.
Prepared by: Lauren Sapudar, City Clerk
Reviewed by: Kirsten Squarcia, Deputy City Manager
Michael Woo, Senior Assistant City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A - Adopted Resolution No. 24-099 amending the City of Cupertino Conflict of Interest Code B - Draft Resolution and Conflict of Interest Code (redline) C - Draft Resolution and Conflict of Interest Code (clean) D - Amended 2026 Local Agency Biennial Notice