INNOVATION AND TECHNOLOGY DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3200
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: September 15, 2026
Subject
Adoption of the Artificial Intelligence (AI) City Council Policy
Recommended Action
Adopt Resolution No. 26-___ adopting the Artificial Intelligence (AI) City Council Policy.
Background
On November 1, 2024, the City Manager approved an administrative Artificial Intelligence (AI) Policy establishing governance and user guidelines for the responsible use of AI systems across City operations. This policy applies to elected and appointed officials, employees, interns, volunteers, and other individuals acting on behalf of the City who purchase, configure, develop, operate, support, maintain, or use AI systems for City business. Contractors and consultants must comply with this policy as its requirements are incorporated into the City’s contracting templates and applicable agreements.
The policy has been updated and reformatted from an administrative policy into the City's standard City Council Policy format. This change establishes Council-level policy direction for AI governance while retaining administrative responsibility for implementation, oversight, and enforcement. The core intent and operational requirements of the policy remain largely unchanged. The draft resolution adopting the Artificial Intelligence (AI) City Council Policy is included as Attachment A.
Reasons for Recommendation and Available Options
The revised Council Policy makes the following governance and formatting updates:
• Council Oversight and Governance: The policy explicitly states that the City Council establishes the policy framework governing the City's use of AI. The City Manager and Innovation & Technology Department remain responsible for implementation, administration, and enforcement.
• Formal Adoption Structure: The policy has been converted into the City's standard Council Policy format and includes provisions for formal adoption by the City Council through resolution.
• Clarification of Roles and Responsibilities: Governance language has been refined to distinguish the Council's policy-setting role from the administrative implementation and
oversight responsibilities of the City Manager, Innovation & Technology Department, Chief Technology Officer, department heads, and other designated staff.
The policy continues to address responsible AI use; guiding principles for effectiveness, transparency, equity, accountability, human-centered design, privacy, security, and safety; risk and technical review requirements; acceptable and prohibited uses; pr ocurement and vendor review; human oversight; records management; incident response; sunset procedures; and accountability for City staff and contractors.
The City Council may adopt the policy as presented, direct staff to make specific revisions before adoption, or take no action. If the Council takes no action, the existing administrative policy structure would remain in effect, and the proposed Council-level governance framework would not be formally adopted. Staff recommends adoption to provide clear Council direction and a durable governance framework for the City's responsible use of emerging technologies.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None.
Council Goal:
Operational efficiency and responsible technology governance.
TBD Item:
No.
California Environmental Quality Act
Adoption of the policy is not a project under the California Environmental Quality Act (CEQA) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
_____________________________________
Prepared by: Teri Gerhardt, CGCIO, Chief Technology Officer Reviewed by: Kirsten Squarcia, Deputy City Manager
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A - Draft Resolution and Exhibit A (Artificial Intelligence (AI) City Council Policy)