CITY MANAGER'S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3120
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
Meeting: September 15, 2026
Subject
Receipt of City Council Policy Review Final Report and Internal Auditor Recommendations for Council Policy Updates.
Recommended Action
Receive the City Council Policy Review Final Report and provide direction on the recommendations.
Background
As part of the Fiscal Year 2024 -2025 City Work Program, the City Council directed staff to complete a review of all City policies and provide recommendations on updates as needed. On March 18, 2025, the City Council received the Citywide Policy Inventory and Gap Analysis Report, reviewed the City Council Policy Inventory, and authorized Moss Adams LLP (now Baker Tilly) , the City’s internal auditor, to include a gap analysis of the C ity Council Policy Inventory as part of the FY 2025-26 Internal Audit Work Plan.
As part of the FY 2025-26 Internal Audit Work Plan, Baker Tilly evaluated Council-related policies to identify opportunities to improve clarity, consistency, and usability, d etermine whether significant policy gaps exist, and align Council operational procedures with recognized industry best practices. The review included the City Council Procedures Manual, Code of Ethics and Conduct, Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, Social Media Policy, and Technology Use Policy. The assessment was conducted between September 2025 and February 2026 and included interviews, document review, peer city research, and research on industry best practices.
On April 27, 2026, Baker Tilly presented the City Council Policy Review Final Report to the Audit Committee. The Audit Committee unanimously accepted the report and identified two points of emphasis for City Council consideration: whether a dditional guidance should be established regarding Councilmember attendance at assigned committees and regional bodies, and whether existing policies should more clearly define procedures for disciplinary actions involving Councilmembers, including admonit ion, censure, removal from committee assignments, and investigations.
Reasons for Recommendation and Available Options
Baker Tilly found that the City has policies in place addressing each of the areas reviewed and did not identify any Council policy areas that were entirely missing. The review did identify opportunities to strengthen individual policies and the overall framework for managing Council- related policies. The Final City Council Policy Review Report is included as Attachment A.
The report includes six observations and corresponding recommendations:
• Council Policy Environment: Implement a structured policy manage ment framework that formalizes periodic policy review, standardizes training, and clarifies enforcement procedures.
• City Council Procedures Manual: Consider revisions and additional sections to provide clearer and more comprehensive guidance for Council operations. • Code of Ethics and Conduct: Consider targeted updates to improve clarity, accountability, and administration.
• Sister Cities, Friendship Cities, and International Delegations: Review and update the policy to improve clarity and provide additional guidance for Council and staff.1 • Social Media Policy: Consider developing a standalone policy providing guidance for elected and appointed officials.
• Technology Use Policy: Consider developing a standalone policy providing guidance for elected and appointed officials.
The City Council may provide direction regarding which recommendations should be addressed and the timing for bringing proposed policy amendments back for Co uncil consideration. Baker Tilly noted that recommendations may be incorporated as individual policies come forward through their regular review cycle rather than requiring all policies to be revised at one time. If Council chooses not to implement some or all of the recommendations, existing policies and practices would remain in place.
Sustainability Impact
No sustainability impact.
Fiscal Impact
There is no immediate fiscal impact associated with receiving the report. Implementation of individual recommendations may require staff resources. Any significant fiscal impacts associated with future policy changes would be identified when those items are brought to the City Council for consideration.
City Work Program (CWP) Item/Description
Yes – FY 24-25
Whole Policy Review/ Repeat the 2013 process of compiling and reviewing all City Policies including 1) Administrative and 2) Council policies and provide recommendations/updates, e.g.
Green Purchasing, Property Acquisition
Council Goal:
Public Engagement and Transparency
1 The most recent policy was updated in May 2026, which addressed these recommendations.
TBD Item:
No
California Environmental Quality Act
The proposed action does not constitute a “project” subject to CEQA. _____________________________________
Prepared by: Astrid Robles, Assistant to the City Manager Reviewed by: Kirsten Squarcia, Deputy City Manager
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A – Final City Council Policy Review Report