CC 10-15-2024 Item No. 7. Annual Code Cleanup_Supplemental ReportCITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: October 15, 2024
Subject
Amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission),
Chapter 2.74 (Technology, Information, and Communications Commission), Chapter
2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and
repeal of Municipal Code Chapter 15.04 (Waterworks System – Rates and Charges).
Recommended Action
Conduct the first reading of and introduce Ordinance No. 24-____: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL
CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74,
2.86, 11.08, AND 13.04.”
Supplemental Report
Staff’s responses to questions received from councilmembers are shown in italics.
Q1: TICC
Q1-1: Why is this responsibility removed from TICC? Who will do it? "Conduct periodic
reviews of technology, information, and communications providers, facilities and
products and make recommendations on such subjects to the City Council;"
Answer: These activities are operational in nature and not within the scope of consideration by
the TICC. The proposed ordinance updates the TICC’s jurisdiction to align with current practice.
Q1-2: Why is this responsibility removed from TICC? Who will do it? "Recommend
amendments to the City’s telecommunications policy of the City Council;"
Answer:
Changes in state and federal law have limited the City’s authority to regulate telecommunications
services and to adopt policies in this area. The proposed ordinance modifies the Municipal Code to
more accurately reflect the TICC’s current jurisdiction.
Q1-3: Would TICC advise the Council on the location of cell towers and measurement
metrics of radiation? If not TICC, which commission should advise the Council on this
matter?
Answer:
The Planning Commission advises the City Council regarding regulation of wireless
telecommunications facilities outside of the public right-of-way in accordance with Municipal
Code Chapter 19.136. Federal law preempts local regulation of wireless telecommunication
facilities based on health concerns and limits the discretion of local jurisdictions to regulate the
location of such facilities generally and small wireless facilities in the public right-of-way in
particular. The proposed ordinance cleanup updates the Municipal Code to reflect the impact of
these legal developments on the TICC’s jurisdiction and to more closely reflect current TICC
practices.
Q1-4: Would TICC advise the Council on the Fiber network, broadband? If not, which
commission should advise the Council on this matter?
Answer:
Local regulation of video services providers was largely preempted by the Digital Infrastructure
and Video Competition Act of 2006, Public Utilities Code §§ 5800–5970. The proposed ordinance
updates the Municipal Code to reflect the impact of the legislation on the TICC’s jurisdiction and
current TICC practices.
Q2: The staff report states that Section 2.86.010 (Housing Commission) is only changed
to conform in format to other sections. But the redlined version shows that the
composition is changed from 4 residents plus 1 business rep to 5 residents. Just
wondering whether this change is intended?
Answer:
Based on further review of the City Council’s prior action, staff does not recommend removing
the designated business representative from the Commission’s composition. Staff recommends
that the proposed amendments to Section 2.86.010 be modified as follows:
2.86.010 Established–Composition.
A. The Housing Commission of the City is established. The Housing Commission shall consist of
five members, as follows:
1. Representative from a Cupertino business,.
2. Four community members,.
B. The representatives from a Cupertino business and the community members shall
not 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. All members except the Cupertino business representative shall be
City of Cupertino residents. Members of the Housing Commission shall be appointed by the City
Council.
C. The Director of Community Development, or his or her their designee, shall provide technical
assistance to the Commission.
Q3: Bicycles on sidewalks
Q3-1: Please include a map to show the two sections of sidewalk that would allow
bicycles: "Section 11.08.180: Transportation Division staff recommends amending Section
11.08.180 to allow bicycle riding on two sections of sidewalk, to facilitate connectivity to
the Regnart Creek Trail."
Answer:
A map of the area identified in the proposed ordinance is provided as Attachment C. Also note
that the proposed ordinance would facilitate access to Cupertino High School bicycle racks as well
as the Regnart Creek Trail.
Q3-2: In Section 11.08.180, there is no speed limit for bicycles on the sidewalk?
Answer:
There is no established speed limit for bicycles on sidewalks.
Q3-3: What about electric bicycles? Electric scooters?
Answer: Electric bicycles must generally be treated the same as a standard bicycle under state
law. Electric scooters are not permitted under this exemption.
Q3-4: How would we ensure the safety of pedestrians on the sidewalk?
Answer:
The two sidewalk segments that are being proposed for this exemption were built to be wider than
standard (8’ minimum) for the purpose of accommodating both bicycles and pedestrians. Bicycles
and pedestrians currently mix on existing trails within the City without known pedestrian safety
issues.
Q3-5: It's unclear whether the bicycles are allowed to ride on the sidewalk in any
direction or only in the direction which is the same as the on-street bicycles?
Answer:
Bicycles would be permitted to ride in either direction.
Q4: The modified Section 13.04.130 prohibit: "L. Use or allow the use of powered model
airplanes or drones except in areas so designated by the department of parks and
recreation;
Q4-1: Just wondering whether there is any area where model airplanes or drones are
allowed right now?
Answer:
There are no designated areas for the operation of drones or model airplanes in City parks.
Q4-2: How would anyone apply to designate an area for model airplanes or drones?
Answer:
The City does not have an established process at this time.
Q4-3: Are model airplanes or drones allowed outside of parks? On public streets? On
sidewalks? In schools?
Answer:
Drones are regulated by the Federal Aviation Administration, and state law provides protection
against the use of drones to photograph or record activities on private property. The City does not
have any ordinance regulating drones or model airplanes outside of parks.
_____________________________________
Prepared by: Christopher D. Jensen, City Attorney
Approved for Submission by: Tina Kapoor, Interim Assistant City Manager
Pamela Wu, City Manager
Attachments Provided with Original Staff Report:
A – Draft Ordinance No. 24-______
B – Redline of proposed Municipal Code amendments
Attachments Provided with Supplemental 1:
C – Map of Area Proposed for Exemption under Section 11.08.180