2007 S-14CUPERTIN~O, CALIFORNIA
Instn~ction Sheet
2007 S-:':4 Supplement
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Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
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Comprehensive Ordinance List
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INDEX
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Title Page
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JBS 10/2007
CITY OF CUPERT'INO, CALIFORNIA
MUNICIPAL CODE
2007 S-14 Supplement contains:
Local legislation current through Ordinance 2010, passed 9-18-07
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800} 445-5588
TITLE 2: ADMINISTRATION AND PERSONNEL
Chapter
2.04. City Council-Election and Meetings
2.06 (Reserved)
2.08 City Council-Rules and Conduct of Meetings
2.12 Introduction and Passage of Ordinances
2.16 City Council- Salaries
2.17 City Council/City Staff Relationships
2.18 City Attorney
2.20 City Clerk
2.24 City Treasurer
2.28 City Manager
2.30 Code Enforcement Officer
2.32 Planning Commission
2.36 Park and P:ecreation Commission
2.40 Disaster Council
2.48 Departmental Organization
2.52 Personnel (;ode
2.60 Public Safety Commission
2.64 (Reserved)
2.68 Library Commission
2.74 Cupertino 'technology, Information, and Communications
Commission
2.78 Landlord-Tenant Mediation-Issuance of Subpoenas
2.80 Fine Arts Commission
2.84 Environmental Review Committee
2.86 Housing Commission
2.88 Audit Committee
2.90 Residential Design Review Committee
2.92 Bicycle Pedestrian Commission
2007 S-14
2.08.010
CHAPTER 2.08: CITY COUNCIL--RULES AND CONDUCT OF MEETINGS*
Section
2.08.010 Adoption of rules.
2.08.030 Petition-Defined.
2.08.040 Petition-Hearing notice.
2.08.070 Petition-Exception.
2.08.080 Method of presenting matters to Council.
2.08.090 Order of business.
2.08.095 Reconsideration.
2.08.096 Reconsideration-Sought by interested
person.
2.08.100 Written communications.
2.08.105 Oral communications.
2.08.110 Reports of officers and official bodies.
2.08.130 Discussion procedure.
2.08.135 Designation of signators for official
documents.
2.08.140 Violation-Penalty.
* For statutory provisions authorizing the City
Council to establish rules for the conduct of its
proceedings, see Gov. Code § 36813.
2.08.010 Adoption of Rules.
The City Council may adopt from time to time such
rules of procedure as it may deem necessary to properly
exercise its powers and duties. Such rules shall become
effective upon a majority vote of the Council and shall be
kept on file with the City Clerk and a copy thereof shall be
exhibited to any person upon request. (Ord. 6, § 1, 1955)
2.08.030 Petition-Defined.
For the purpose of Sections 2.08.030 through
2.08.070, a "petition" means any written communication
signed with multiple signatures and which is delivered to the
City Clerk for the attention of the City Council. Such
petitions so received will be processed in the same manner
as written communications. (Ord. 673, (part), 1975; Ord.
49, § 1, 1958)
2.08.040 Petition-Hearing Notice.
The City Council after having received a petition may,
at its discretion, set a time for the holding of a public
hearing thereon. Unless otherwise provided by law or any
other ordinances of this City, there shall be no prescribed
minimum or maximum interim period between the setting of
said time and the holding of such public hearing. (Ord. 673,
(part), 1975; Ord. 49, § 2, 1958)
2.08.070 Petition-Exception.
Sections 2.08.030 through 2.08.070 shall not apply to
any petition in which there is a prescribed method of
publication or notice pursuant to law or any other ordinances
of this City. (Ord. 49, § 5, 1958)
2.08.080 Method of Presenting Matters to Council.
A. Every official, board, commission or other body,
connected with the City government, and every citizen,
individual, corporation, committee or civic group, having
any reports, communications or other matters to be
presented at a City Council meeting, shall be referred to the
City Clerk in writing before nine a.m. of the sixth day
(Sunday included) preceding the day of such meeting for it
to be given consideration as an item of agenda business.
B. The City Clerk shall prepare an agenda setting
forth such matters and the nature thereof under their
appropriate headings, and setting forth all other matters to
come before such meeting under their appropriate headings,
all under the headings in order specified in Section
2.08.090. The City Clerk shall, preceding such meetings,
cause one copy thereof to be delivered to each member of
the City Council and shall make such other copies available
for public review as is consistent with State law. (Ord.
1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord.
673, (part), 1975; Ord. 389, § 3.4, 1968)
2.08.090 Order of Business.
A. The City Council of the city ordains that the order
of business at each regular meeting of the City Council shall
be as follows:
1. Pledge of allegiance;
2. Roll call;
3. Ceremonial matters-presentations;
4. Postponements;
5. Written communications;
6. Oral communications;
7. Consent calendar;
8. Items removed from the consent calendar;
9. Public hearings;
9
2.08.090 Cupertino -Administration and Personnel 10
10. Unfuushed business;
11. New business;
12. Ordinances;
13. Staff reports;
14. Council reports;
15. Closed session;
16. Adjournment.
B. The order of business to be taken up at an
adjourned meeting shall be that as deemed by the Mayor and
the City Council to be proper.
C. The foregoing order of business may, at any
regular meeting on motion duly made and carried, be
changed or suspended for the period of such meeting.
D. The City Council may, in its discretion, establish
time limitations for the presentation or discussion of any
item of business; and, may establish a time after which no
agenda item of business will be taken up in which case the
motion for adjournment will contain the date and time for
the completion of agenda business. (Ord. 1697, (part),
1995; Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986;
Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982; Ord.
1133, 1981; Ord. 978, (part), 1980; Ord. 673, (part), 1975;
Ord. 389, § 3.5, 1968)
2.08.095 Reconsideration.
A. The Council may, at any time before adjournment
of any council meeting, determine to reconsider an item of
business previously acted upon at that council meeting. A
motion to reconsider may only be made by a councilmember
who was a member of the prevailing majority voting on the
item. A motion to reconsider may be seconded by any
councihnember.
B. If a motion for reconsideration prevails, the
Council is then free to reconsider the item either at the same
council meeting or at any other council meeting established
by the Council; provided, however, that the Council shall
not reconsider an item at the same council meeting, in the
following instances:
1. Any action involving a public hearing which has
been closed;
2. Any action, including appeals, regarding a zoning
matter, use permit, subdivision map approval, variance,
architectural and site approval or sign exception;
3. Any action involving the granting, modification
or revocation of any permit issued by the City;
4. Any action which is quasi judicial in nature.
C. In such cases, the Council shall reconsider the
item at another council meeting date established by the
Council and shall direct the City Clerk to provide
notification to the relevant parties or the general public, as
the case may be. (Ord. 1697, (part), 1995; Ord. 1378, § 1,
1986)
2.08.096 Reconsideration-Sought by Interested Person.
A. The City Clerk shall forthwith mail all notices of
decision after the decision of the Ciry Council. Any
interested person, prior to seeking judicial review of any
adjudicatory decision of the City Council, shall file a
petition for reconsideration with the City Clerk within ten
days of the date of the mailing of the notice of decision.
Failure to file a petition for reconsideration constitutes a
waiver of the right to request reconsideration and the City
Council's decision shall be final for all purposes. Upon
timely receipt of a petition for reconsideration, the City
Clerk shall schedule a reconsideration hearing to be
commenced by the City Council no later than sixty days
after the filing of the petition. Mailed notices of the date,
time and place of such hearing will be provided to all
interested persons at least ten days prior to the hearing. At
the conclusion of the hearing for reconsideration, the City
Council may affirm, reverse, or modify its original decision,
and may adopt additional fmdings of fact based upon the
evidence submitted in any and all city hearings concerning
the matter.
B. A petition for reconsideration shall specify, in
detail, each and every ground for reconsideration. Failure
of a petition to specify any particular ground or grounds for
reconsideration, precludes that particular omitted ground or
grounds from being raised or litigated in a subsequent
judicial proceeding.
The grounds for reconsideration are limited to the
following:
1. An offer of new relevant evidence which, in the
exercise of reasonable diligence, could not have been
produced at any earlier city hearing.
2. An offer of relevant evidence which was
improperly excluded at any prior city hearing.
3. Proof of facts which demonstrate that the City
Council proceeded without, or in excess of its, jurisdiction.
4. Proof of facts which demonstrate that the City
Council failed to provide a fair hearing.
5. Proof of facts which demonstrate that the City
Council abused its discretion by:
a. Not preceding in a manner required by law;
and/or
b. Rendering a decision which was not supported by
findings of fact; and/or
c. Rendering a decision in which the findings of fact
were not supported by the evidence.
C. A petition for reconsideration shall be subject to
a petition for reconsideration fee as prescribed by resolution
of the City Council. (Ord. 2008, 2007; Ord. 1807, § 1,
1999)
2007 S-14
11 City Council--Rules :md Conduct of Meetings
2.08.100 Written Communications.
A. Written communications transmitted to a majority
of the members of the City Council by any person in
connection with a matter which is subject to discussion or
consideration at a meeting of the City Council shall be
delivered by the recipient Councilperson to the City Clerk
who shall retain them as public records and shall otherwise
treat them as written communications to the City Council.
B. Written communications addressed to the City
Council and delivered to the City Clerk shall be transmitted
to each City Councilperson, the City Manager, and any
department director having responsibility for the subject
matter of the communication. Written communications
which are relevant to a matter subject to being discussed or
considered at a Ciry Council meeting shall be included as
supplementary material to that agendized matter. Other
written communications may be placed on the agenda, as a
separate item of business under written communications, by
a Councilperson, City Manager or any department director
having responsibility for the subject matter of the
communication. (Ord. 1697, (part), 1995; Ord. 673, (part),
1975; Ord. 389, § 3.6, 1968)
2.08.105 Oral Communications.
A. Every agenda for regular meetings of the City
Council shall provide an opportunity for members of the
public to address the council on any item of interest to the
public that is within the city's jurisdiction. With respect to
any such item which is already on the agenda, members of
the public shall be given the opportunity to address the City
Council during its consideration of the item.
B. Where a member of the public raises an issue
which has not yet come before the City Council, no action
may be taken at that meeting concerning that item.
C. With respect to all oral communications, the
mayor may establish reasonable time limits for public
testimony on particular issues and for each individual
speaker. Preference shall be given to those who previously
have notified the City Clerk in advance of their desire to
speak. (Ord. 1697, (part), 1995)
2.08.110 Reports of Officers and Official Bodies.
Official boards, commissions or other bodies connected
with the City government may, in addition to any written
report submitted, and shall, on request of the Mayor,
address the City Council through its chairman or authorized
representative on matters relating to their assigned functions.
(Ord. 389, § 3.7, 1968)
2.08.130 Discussion Procedure.
While discussing any question under consideration by
the Council, it shall be the duty of the members thereof to
2.08.100
remain seated and address their remarks to the presiding
officer and their fellow members. Any remarks or orders to
the audience shall be addressed by the presiding officer, or
with his permission by the members of the Council. (Ord.
389, § 3.9, 1968)
2.08.135 Designation of Signators for Official
Documents.
After Council approval of a document, when necessary
to expedite processing of said document, if the Mayor or
Vice-Mayor is unavailable for signature, any other
Councilmember may sign the document as an official of the
City. (Ord. 1119, 1981)
2.08.140 Violation-Penalty.
Any person in the audience who, while in attendance
at any Council meeting, uses profane language, or language
tending to bring the Council or any of its members into
contempt, or any person who persistently interrupts the
proceedings of the Council, or refuses to be seated or keep
quiet when ordered to do so by the presiding officer, or
refuses to leave the room or premises, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall
be punished as provided in Chapter 1.12. (Ord. 389, § 4,
1968)
2007 S-14
2.17.010
CHAPTER 2.17: CITY COUNCIL/CITY STAFF RELATIONSHIPS
Section
2.17.010 Preamble.
2.17.020 Intent and purpose.
2.17.030 Council and Council members.
2.17.031 Council power.
2.17.032 Individual Council members.
2.17.033 Council Policy.
2.17.034 Information.
2.17.040 Staff.
2.17.041 Execution of Council direction.
2.17.042 Undue influence.
2.17.043 Timely response.
2.17.010 Preamble.
After the City of Cupertino's incorporation, the City
Council enacted Ordinance No. 106 creating and
establishing the Council/City Manager form of government
whereby the City Council controls the administrative
services of the City only through the City Manager. The
Council/Manager form of government is intended to provide
the best of unencumbered professional/technical staff input
balanced with the collective oversight of elected officials.
Under the Council/Manager form of government neither the
City Council, nor individual Council members, can give
orders to any subordinates of the City Manager. The City
Manager takes his or her orders and instructions from the
City Council only when given at a duly held meeting of the
City Council. No individual council member can give any
orders or instructions to the City Manager. Although this
provision has worked well over the years, a number of
specific issues and questions have arisen from time to time
regarding the respective roles of the City Council and City
Manager due, in part, to the City's expanding involvement
into a variety of new areas of society. It therefore has
become necessary and convenient for the City Council to
delineate with more specificity the respective roles of City
Manager, the City Council and individual Council members.
(Ord. 2009, 2007)
2.17.020 Intent and Purpose.
The intent of this chapter is to address and clarify the
relationship between the City Council, individual Council
members, and city staff by:
A. Maintaining control and direction of the City by
the City Council as a whole;
B. Insuring that City Council members have free
access to the flow of any information relative to the
operation of the City and insuring that such information is
communicated by staff in full and with candor to the
Council;
C. Ensuring that the Council decision making
process benefits from the unencumbered input and advice
from the professional staff free from undue influence in staff
decision making, formation of staff recommendations,
scheduling of work, and executing department priorities
without intervention by individual Council members;
D. Allowing city staff to execute priorities given by
management and the City Council and protecting city staff
from undue influence from individual Council members.
(Ord. 2009, 2007)
2.17.030 Council and Council members.
2.17.031 Council Power.
The City Council retains the full power to accept,
reject, amend, or otherwise guide and direct staff actions,
decisions, recommendations, workloads and schedules,
department priorities, and the conduct of city business
through the office of the City Manager. This power cannot
be delegated to individual Council members, nor to
committees composed of council members consisting of less
than a quorum of the City Council. (Ord. 2009, 2007)
2.17.032 Individual Council members.
Individual Council members shall not attempt to
influence staff decisions, recommendations, workloads, and
schedules, and department priorities without prior
knowledge and approval of the City Council. (Ord. 2009,
2007)
2.17.033 Council Policy.
If a Council member wishes to influence the actions,
decisions, recommendations, workloads, work schedules and
priorities of staff, that member must prevail upon the City
Council to do so as a matter of council policy. (Ord. 2009,
2007)
2007 S-14 :.6A
2.17.034 Cupertino -Administration and Personnel 16B
2.17.034 Information.
Individual Council members as well as the City
Council as a whole, have complete freedom of access to any
information requested of staff (except information which is
otherwise protected by law from disclosure) and will receive
the full cooperation and candor of City staff in being
provided with any requested information. Information
sought by an individual council member may, at the
discretion of the City Manager, be automatically provided to
the City Council as a whole. In exercising this discretion,
the City Manager will consider whether the information is
significant or new or otherwise not available to the Council
or is of interest to the Council. (Ord. 2009, 2007)
2.17.040 Staff.
C. Does the response to a request require a
significant allocation of staff resources (generally defined as
consisting of more than one staff person, or a single staff
person working on the request in excess of two hours)?
(Ord. 2009, 2007)
2.17.041 Execution of Council Direction.
The primary functions of City staff is the execution of
Council policy and actions taken by the Council as well as
keeping the Council informed regarding the general
operations of the city. (Ord. 2009, 2007)
2.17.042 Undue Influence.
City staff may take guidance and direction only from
management or the City Council as a whole. Staff is
prohibited from accepting direction or being unduly
influenced by individual Council members to pressure staff
members into making, changing or otherwise suppressing
staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff members
will report such attempts to influence them in confidence to
the City Manager, who may inform the City Council as a
whole of such attempts. Any staff member who violates this
prohibition may be subject to disciplinary action at the
discretion of the City Manager. (Ord. 2009, 2007)
2.16.043 Timely Response.
City staff will make every effort to respond in a timely
and professional manner to all requests made by individual
council members for information or assistance, provided
that, in the judgment of the City Manager, the request is not
of a magnitude either in terms of work load or policy, which
would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In
terms of making this judgment, the following guidelines
should be considered:
A. Is the request specific and limited in scope so that
staff can respond without altering other priorities and with
only minimal delay to other assignments?
B. Is the request a "one time" work requirement, as
opposed to an on-going work requirement?
2007 5-14
2.74.010
CHAPTER 2.74: CUPERTINO TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION*
Section
2.74.010 Established.
2.74.020 Term of office.
2.74.030 Vacancy-Removal.
2.74.040 Meeting-Quorum-Officers-Staff.
2.74.050 Records.
2.74.060 Duties, powers and responsibilities
2.74.070 Budget.
2.74.080 Effect.
Prior ordinance history: Ords. 1099, 1166,
1167, 1233, 1280, 1321, 1465 and 1697.
2.74.010 Established.
The Technology, Information, and Communications
Commission (formerly Telecommunications Commission of
the City) is established and shall consist of five members
from among the qualified electors of the City, none of whom
shall 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. Members of
the Technology, Information, and Communications
Commission shall be appointed by the City Council. (Ord.
2010, 2007; Ord. 1995, (part), 2007; Ord. 1965, (part),
2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
2.74.020 Term of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the
Technology, Information, and Communications
Commission shall be for four years and shall end on January
30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1974, § 4 (part), 2006; Ord. 1965, (part),
2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
2.74.030 Vacancy-Removal.
Any member may be removed by a majority vote of the
City Council. If a vacancy occurs other than by expiration
of a term vacancies shall be filled by appointment of the
City Council and shall be for the unexpired portion of the
term of office vacated. (Ord. 1965, (part), 2005; Ord.
1714, (part), 1996)
2.74.040 Meeting-Quorum-Officers-Staff.
A. The Technology, Information, and
Communications Commission shall hold regular meetings at
least once every three months and at the discretion of the
Commission shall hold other meetings as may be necessary
or expedient. A majority of the Commission shall constitute
a quorum for the purpose of transacting the business of the
Commission.
B. The Commission shall elect a chairperson and a
vice chairperson, both of whom shall serve at the pleasure
of the Commission. The terms of office shall be for one
year.
C. The City Manager shall appoint a staff member
to attend Commission meetings and to provide liaison and
support as needed.
D. The Foothill-De Anza Community College
District shall appoint a staff member to attend Commission
meetings and to provide liaison and support as needed.
(Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord.
1714, (part), 1996)
2.74.050 Records.
The Technology, Information, and Communications
Commission shall keep an accurate record of its proceedings
and transactions, and through the Public Information Officer
shall render such reports to the City Council as may be
required. Commission proceedings shall be public record
and a copy of which shall be filed with the City Clerk.
(Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord.
1714, (part), 1996)
2.74.060 Duties, Powers and Responsibilities.
The Cupertino Technology, Information, and
Communications Commission shall have the following
duties, powers and responsibilities, and such others as the
2007 5-14 53
2.74.060 Cupertino -Administration and Personnel 54
members shall be entrusted with by the City Council from
time to time. The commission shall:
1. Advise the City Council and City Manager on all
matters relating to technology, information, and
communications within the city of Cupertino;
2. Evaluate compliance with any franchise or other
agreement between the City and technology, information,
and communications providers and make recommendations
to the City Council;
3. Conduct periodic reviews of technology,
information, and communications providers, facilities and
products and make recommendations on such subjects to the
City Council;
4. Recommend amendments to the City's
telecommunications policy of the City Council;
5. Serve as a liaison between the City, the public
and the technology, information, and communications
providers in enhancing information and education. Such
activities include providing an opportunity for input to
residents and disseminating noncommercial, educational
materials about technology, information, and
communications services;
6. At the request of the City Manager, provide
assistance in examining methods to obtain equivalent
franchise fees or other economic benefits from service
providers;
7. Provide support for community access television,
especially public and educational access, and give guidance
when needed for development and nnplementation of access
channels and programming;
8. Recommend ways to foster the City's best use of
technology, information, and communications
infrastructure and services for the maximum benefit of the
community.
9. Provide education to the community on the use of
technology, information, and communications infrastructure
and services. (Ord. 1965, (part), 2005: Ord. 1722, (part),
1996; Ord. 1714, (part), 1996)
2.74.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers or the delegation to the Technology, Information,
and Communications Commission of any authority or
discretionary powers empowered by law on such Council or
officers. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996;
Ord. 1714, (part), 1996)
2.74.070 Budget.
The Technology, Information, and Communications
Commission shall submit an annual budget to the City
Council for its review and approval. All expenditures
require the approval of the City Manager or his designee.
Any grants for program production or other purposes
require the approval of the City Council. (Ord. 1965,
(part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part),
1996)
2005 S-6
37
Ord. No.
1965
1966
1967
1968
1969
1972
1973
1974
1975
1977
1979
1982
1985
1986
1987
1988
1989
1990
1991
1992
1993
1995
Comprehensi~~e Ordinance List
Amends Ch. 2.74, Cupertino
technology, information, and
communications commission (2.74)
Amends § 14.04.230, Street
improvements-exceptions (14.04)
Amends Ch. 9.18, stormwater
pollution prevention and watershed
protection (9.18)
Amends § 11.24.150 to remove the
prohibition of parking on the west side
of Vista Drive between Apple Tree
drive and a point 200 feet south
(11.24)
Modifies development agreement
(1-DA-90) to extend its term and to
revise use and permit requirements
related to hotels, garages,
neighborhood meetings, and public
hearings at Vallco (Not codified)
Rezones certain land (Not codified)
Rezones certain land (Not codified)
Amends §§ 2.32.020, 2.36.020,
2.68.030, 2.74.020, 2.80.020,
2.86.030 and 2.88.030, terms of
office, members and meetings-quorum
(2.32, 2.36, 2.68, 2.74, 2.80, 2.86,
2.88)
Not in effect due to referendum
Not in effect due to referendum
Amends Ch. 16.28, Fences and adds
§ 16.28.080, prohibited fences (16.28)
Amends Ch. 9.18, Stormwater
Pollution Prevention and Watershed
Protection (9.18)
Amending City Council Salaries (2.16)
Rezones certain land (Not codified)
Amends Title 17, Signs (17)
Establishes regulations concerning
Claims Against City (1.18)
Amends § 11.27.145 concerning
designation of preferential parking
zones (11.27)
Amends § 11.24.150 concerning
parking prohibitions along certain
streets (11.24)
Amends § 11.24.170 concerning
parking limitations on certain streets
(11.24)
Establishes regulations regarding water
resource protection (9.19)
Rezones certain land (Not codified)
Amends § 2.74.010 concerning
Technology, Information, and
Communications Commission (2.74)
Ord. No.
1999 Amends § 11.24.140 concerning
parking for purposes of servicing or
repairing (11.24)
2000 Amends § 19.28.050 regarding
development regulations (19.28)
2002 Amends § 11.24.170, relating to
parking limitations on Tone street
(11.24)
2003 Amends Ch. 14.18 regarding the
protection of trees (14.18)
2005 Amends § 14.08.010 relating to the
definition of City Manager and adds
§ 14.08.035 relating to permit notice
requirements (14.08)
2006 Amends § 11.24.150) prohibiting
parking on Hoo Hoo Way (11.24)
2007 Rezones certain land (Not codified)
2008 Amending § 2.08.096 regarding the
filing deadline for a petition for
reconsideration (2.08)
2009 Adding Chapter 2.17 relating to City
Council/City Staff relationships (2.17)
2010 Amending § 2.74.010 modifying the
composition of the Technology,
Information and Communications
Commission. (2.74)
2007 S-14
7
BUILDING CONSERVATION CODE
Adopted 16.60.010
Name insertion 16.60.020
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Definitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality
5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
Ir,~dex
-- C --
CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Definitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS
COMMISSION
Arbitration 6.28.260
Bond 6.28.150
Change 6.28.130
City authority 6.28.090
Definitions 6.28.010
Franchise
application 6.28.210
duration 6.28.050
effective date 6.28.230
existing 6.28.270
granting 6.28.030
payment 6.28.070
renewal 6.28.220
Inadequate remedy 6.28.246
Cupertino -Index
Indemnification 6.28.160
Inspection 6.28.170
Limitation 6.28.080
Location 6.28.110
Permit 6.28.100
Pole, facility use 6.28.200
Regulation 6.28.045
Removal, abandonment 6.28.120
Repair 6.28.245
Requirements generally 6.28.190
Severability of provisions 6.28.250
Standards 6.28.180
Street work failure 6.28.140
Supervision 6.28.247
Use permitted 6.28.040
Violation, penalty 6.28.240
CIGARETTE, TOBACCO VENDING MACHINES
Public places
permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
Purpose, intent of provisions 10.27.020
Title of provisions 10.27.010
Violation, penalty 10.27.050
CIRCULAR
See ADVERTISEMENT
CIRCUS
Business license
See also BUSINESS LICENSE
fee 5.04.340
CITY
Officials
See Specific Officer
CITY COUNCIL/CITY STAFF RELATIONSHIPS
Council and Council members 2.17.030
Council policy 2.17.033
Council power 2.17.031
Individual Council members 2.17.032
Information 2.17.034
Intent and purpose 2.17.020
Preamble 2.17.010
Staff 2.17.040
Execution of Council direction 2.17.041
Timely response 2.17.043
Undue influence 2.17.042
CLAIMS AGAINST THE CITY
Authority 1.18.010
Claim prerequisite to suit 1.18.025
Claims required 1.18.015
Form of claim, 1.18.020
Suit 1.18.030
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See DEPARTMENTAL ORGANIZATION
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service charge collection duties
3.36.080
Transient occupancy tax appeal hearing notice
3.12.100
Weed abatement, assessment, notice posting
9.08.080
CODE
Adopted 1.01.010
Authority 1.01.030
Constitutionality 1.01.090
Construction 1.04.040
Definitions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
Enforcement officer
See CODE ENFORCEMENT OFFICER
Fire
See FIRE CODE
Grammatical interpretation 1.04.020
Headings, not limiting 1.01.050
CIVIL DEFENSE
See DISASTER COUNCIL
2007 S-14
8A :(ndex
Penalty
designated 1.12.010
nuisance abatement 1.12.030
separate offenses 1.12.020
Prohibited acts including causing, permitting
1.04.030
References
applicable to amendments 1.01.040
application to corresponding ordinances
1.01.060
title, citation 1.01.020
Repeal shall not revive any ordinances 1.04.050
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
Warrantless arrest authority 2.30.020
2007 S-14
CITY OF CUPERZ'INO, CALIFORNIA
MUNICIPAL CODE
2007 S-14 Supplement contains:
Local legislation current through Ordinance 2010, passed 9-18-07
AMERICAN LEGAL PLBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
TITLE 2: ADMINISTRATION AND PERSONNEL
Chapter
2.04. City Council-Election and Meetings
2.06 (Reserved)
2.08 City Council-Rules and Conduct of Meetings
2.12 Introduction and Passage of Ordinances
2.16 City Council- Salaries
2.17 City Counc:iUCity Staff Relationships
2.18 City Attor~iey
2.20 City Clerk
2.24 City Treasurer
2.28 City Mana;er
2.30 Code Enforcement Officer
2.32 Planning Commission
2.36 Park and Recreation Commission
2.40 Disaster Council
2.48 Departmen~.talOrganization
2.52 Personnel ~~ode
2.60 Public Safety Commission
2.64 (Reserved)
2.68 Library Commission
2.74 Cupertino Technology, Information, and Communications
Commission
2.78 Landlord-7Cenant Mediation-Issuance of Subpoenas
2.80 Fine Arts (:ommission
2.84 Environmental Review Committee
2.86 Housing Commission
2.88 Audit Committee
2.90 Residential Design Review Committee
2.92 Bicycle Pedestrian Commission
2007 5-14
2.08.010
CHAPTER 2.08: CITY COUNCIL--RI:ILES AND CONDUCT OF MEETINGS*
Section
2.08.010 Adoption of rules.
2.08.030 Petition-Defined.
2.08.040 Petition-Hearing notice.
2.08.070 Petition-Exception.
2.08.080 Method of presenting matters to Council.
2.08.090 Order of business.
2.08.095 Reconsideration.
2.08.096 Reconsideration-Sought by interested
person.
2.08.100 Written communications.
2.08.105 Oral communications.
2.08.110 Reports of officers and official bodies.
2.08.130 Discussion procedure.
2.08.135 Designation of signators for official
documents.
2.08.140 Violation-Penalty.
* For statutory provisions authorizing the City
Council to establish rules for the conduct of its
proceedings, see Gov. Code § 36813.
2.08.010 Adoption of Rules.
The City Council may adopt from time to time such
rules of procedure as it may deem necessary to properly
exercise its powers and duties. Such rules shall become
effective upon a majority vote of the Council and shall be
kept on file with the City Clerk and a copy thereof shall be
exhibited to any person upon request. (Ord. 6, § 1, 1955)
2.08.030 Petition-Defined.
For the purpose of Sections 2.08.030 through
2.08.070, a "petition" means any written communication
signed with multiple signatures and which is delivered to the
City Clerk for the attention of the City Council. Such
petitions so received will be processed in the same manner
as written communications. (Ord. 673, (part), 1975; Ord.
49, § 1, 1958)
2.08.040 Petition-Hearing Notice.
The City Council after having received a petition may,
at its discretion, set a time for the holding of a public
hearing thereon. Unless otherwise provided by law or any
other ordinances of this City, there shall be no prescribed
minimum or maximum interim period between the setting of
said time and the holding of such public hearing. (Ord. 673,
(part), 1975; Ord. 49, § 2, 1958)
2.08.070 Petition-Exception.
Sections 2.08.030 through 2.08.070 shall not apply to
any petition in which there is a prescribed method of
publication or notice pursuant to law or any other ordinances
of this City. (Ord. 49, § 5, 1958)
2.08.080 Method of Presenting Matters to Council.
A. Every official, board, commission or other body,
connected with the City government, and every citizen,
individual, corporation, committee or civic group, having
any reports, communications or other matters to be
presented at a City Council meeting, shall be referred to the
City Clerk in writing before nine a.m. of the sixth day
(Sunday included) preceding the day of such meeting for it
to be given consideration as an item of agenda business.
B. The City Clerk shall prepare an agenda setting
forth such matters and the nature thereof under their
appropriate headings, and setting forth all other matters to
come before such meeting under their appropriate headings,
all under the headings in order specified in Section
2.08.090. The City Clerk shall, preceding such meetings,
cause one copy thereof to be delivered to each member of
the City Council and shall make such other copies available
for public review as is consistent with State law. (Ord.
1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord.
673, (part), 1975; Ord. 389, § 3.4, 1968)
2.08.090 Order of Business.
A. The City Council of the city ordains that the order
of business at each regular meeting of the City Council shall
be as follows:
1. Pledge of allegiance;
2. Roll call;
3. Ceremonial matters-presentations;
4. Postponements;
5. Written communications;
6. Oral communications;
7. Consent calendar;
8. Items removed from the consent calendar;
9. Public hearings;
9
2.08.090 Cupertino -Administration and Personnel 10
10. Unfinished business;
11. New business;
12. Ordinances;
13. Staff reports;
14. Council reports;
15. Closed session;
16. Adjournment.
B. The order of business to be taken up at an
adjourned meeting shall be that as deemed by the Mayor and
the City Council to be proper.
C. The foregoing order of business may, at any
regular meeting on motion duly made and carried, be
changed or suspended for the period of such meeting.
D. The Ciry Council may, in its discretion, establish
time limitations for the presentation or discussion of any
item of business; and, may establish a time after which no
agenda item of business will be taken up in which case the
motion for adjournment will contain the date and time for
the completion of agenda business. (Ord. 1697, (part),
1995; Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986;
Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982; Ord.
1133, 1981; Ord. 978, (part), 1980; Ord. 673, (part), 1975;
Ord. 389, § 3.5, 1968)
2.08.095 Reconsideration.
A. The Council may, at any time before adjournment
of any council meeting, determine to reconsider an item of
business previously acted upon at that council meeting. A
motion to reconsider may only be made by a councilmember
who was a member of the prevailing majority voting on the
item. A motion to reconsider may be seconded by any
councihnember.
B. If a motion for reconsideration prevails, the
Council is then free to reconsider the item either at the same
council meeting or at any other council meeting established
by the Council; provided, however, that the Council shall
not reconsider an item at the same council meeting, in the
following instances:
1. Any action involving a public hearing which has
been closed;
2. Any action, including appeals, regarding a zoning
matter, use permit, subdivision map approval, variance,
architectural and site approval or sign exception;
3. Any action involving the granting, modification
or revocation of any permit issued by the City;
4. Any action which is quasi judicial in nature.
C. In such cases, the Council shall reconsider the
item at another council meeting date established by the
Council and shall direct the City Clerk to provide
notification to the relevant parties or the general public, as
the case may be. (Ord. 1697, (part), 1995; Ord. 1378, § 1,
1986)
2.08.096 Reconsideration-Sought by Interested Person.
A. The City Clerk shall forthwith mail all notices of
decision after the decision of the City Council. Any
interested person, prior to seeking judicial review of any
adjudicatory decision of the City Council, shall file a
petition for reconsideration with the City Clerk within ten
days of the date of the mailing of the notice of decision.
Failure to file a petition for reconsideration constitutes a
waiver of the right to request reconsideration and the City
Council's decision shall be final for all purposes. Upon
timely receipt of a petition for reconsideration, the City
Clerk shall schedule a reconsideration hearing to be
commenced by the City Council no later than sixty days
after the filing of the petition. Mailed notices of the date,
time and place of such hearing will be provided to all
interested persons at least ten days prior to the hearing. At
the conclusion of the hearing for reconsideration, the City
Council may affirm, reverse, or modify its original decision,
and may adopt additional findings of fact based upon the
evidence submitted in any and all city hearings concerning
the matter.
B. A petition for reconsideration shall specify, in
detail, each and every ground for reconsideration. Failure
of a petition to specify any particular ground or grounds for
reconsideration, precludes that particular omitted ground or
grounds from being raised or litigated in a subsequent
judicial proceeding.
The grounds for reconsideration are limited to the
following:
1. An offer of new relevant evidence which, in the
exercise of reasonable diligence, could not have been
produced at any earlier city hearing.
2. An offer of relevant evidence which was
improperly excluded at any prior city hearing.
3. Proof of facts which demonstrate that the City
Council proceeded without, or in excess of its, jurisdiction.
4. Proof of facts which demonstrate that the City
Council failed to provide a fair hearing.
5. Proof of facts which demonstrate that the City
Council abused its discretion by:
a. Not preceding in a manner required by law;
and/or
b. Rendering a decision which was not supported by
findings of fact; and/or
c. Rendering a decision in which the findings of fact
were not supported by the evidence.
C. A petition for reconsideration shall be subject to
a petition for reconsideration fee as prescribed by resolution
of the City Council. (Ord. 2008, 2007; Ord. 1807, § 1,
1999)
2007 S-14
11 City Council--Rules :ind Conduct of Meetings
2.08.100 Written Communications.
A. Written communications transmitted to a majority
of the members of the City Council by any person in
connection with a matter which is subject to discussion or
consideration at a meeting of the City Council shall be
delivered by the recipient Councilperson to the City Clerk
who shall retain them as public records and shall otherwise
treat them as written communications to the City Council.
B. Written communications addressed to the City
Council and delivered to the City Clerk shall be transmitted
to each City Councilperson, the City Manager, and any
department director having responsibility for the subject
matter of the communication. Written communications
which are relevant to a matter subject to being discussed or
considered at a City Council meeting shall be included as
supplementary material to that agendized matter. Other
written communications may be placed on the agenda, as a
separate item of business under written communications, by
a Councilperson, City Manager or any department director
having responsibility for the subject matter of the
communication. (Ord. 1697, (part), 1995; Ord. 673, (part),
1975; Ord. 389, § 3.6, 1968)
2.08.105 Oral Communications.
A. Every agenda for regular meetings of the City
Council shall provide an opportunity for members of the
public to address the council on any item of interest to the
public that is within the city's jurisdiction. With respect to
any such item which is already on the agenda, members of
the public shall be given the opportunity to address the City
Council during its consideration of the item.
B. Where a member of the public raises an issue
which has not yet come before the City Council, no action
may be taken at that meeting concerning that item.
C. With respect to all oral communications, the
mayor may establish reasonable time limits for public
testimony on particular issues and for each individual
speaker. Preference shall be given to those who previously
have notified the City Clerk in advance of their desire to
speak. (Ord. 1697, (part), 1995)
2.08.110 Reports of Officers and Official Bodies.
Official boards, commissions or other bodies connected
with the City government may, in addition to any written
report submitted, and shall, on request of the Mayor,
address the City Council through its chairman or authorized
representative on matters relating to their assigned functions.
(Ord. 389, § 3.7, 1968)
2.08.130 Discussion Procedure.
While discussing any question under consideration by
the Council, it shall be the duty of the members thereof to
2.08.100
remain seated and address their remarks to the presiding
officer and their fellow members. Any remarks or orders to
the audience shall be addressed by the presiding officer, or
with his permission by the members of the Council. (Ord.
389, § 3.9, 1968)
2.08.135 Designation of Signators for Official
Documents.
After Council approval of a document, when necessary
to expedite processing of said document, if the Mayor or
Vice-Mayor is unavailable for signature, any other
Councilmember may sign the document as an official of the
City. (Ord. 1119, 1981)
2.08.140 Violation-Penalty.
Any person in the audience who, while in attendance
at any Council meeting, uses profane language, or language
tending to bring the Council or any of its members into
contempt, or any person who persistently interrupts the
proceedings of the Council, or refuses to be seated or keep
quiet when ordered to do so by the presiding officer, or
refuses to leave the room or premises, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall
be punished as provided in Chapter 1.12. (Ord. 389, § 4,
1968)
2007 S-14
2.17.010
CHAPTER 2.17: CITY COUNCIL/CITY STAFF RELATIONSHIPS
Section
2.17.010 Preamble.
2.17.020 Intent and purpose.
2.17.030 Council and Council members.
2.17.031 Council power.
2.17.032 Individual Council members.
2.17.033 Council Policy.
2.17.034 Information.
2.17.040 Staff.
2.17.041 Execution of Council direction.
2.17.042 Undue influence.
2.17.043 Timely response.
2.17.010 Preamble.
After the City of Cupertino's incorporation, the City
Council enacted Ordinance No. 106 creating and
establishing the Council/City Manager form of government
whereby the City Council controls the administrative
services of the City only through the City Manager. The
Council/Manager form of government is intended to provide
the best of unencumbered professional/technical staff input
balanced with the collective oversight of elected officials.
Under the Council/Manager form of government neither the
City Council, nor individual Council members, can give
orders to any subordinates of the City Manager. The City
Manager takes his or her orders and instructions from the
City Council only when given at a duly held meeting of the
City Council. No individual council member can give any
orders or instructions to the City Manager. Although this
provision has worked well over the years, a number of
specific issues and questions have arisen from time to time
regarding the respective roles of the City Council and City
Manager due, in part, to the City's expanding involvement
into a variety of new areas of society. It therefore has
become necessary and convenient for the City Council to
delineate with more specificity the respective roles of City
Manager, the City Council and individual Council members.
(Ord. 2009, 2007)
2.17.020 Intent and Purpose.
The intent of this chapter is to address and clarify the
relationship between the City Council, individual Counci]
members, and city staff by:
A. Maintaining control and direction of the Ciry by
the City Council as a whole;
B. Insuring that City Council members have free
access to the flow of any information relative to the
operation of the City and insuring that such information is
communicated by staff in full and with candor to the
Council;
C. Ensuring that the Council decision making
process benefits from the unencumbered input and advice
from the professional staff free from undue influence in staff
decision making, formation of staff recommendations,
scheduling of work, and executing department priorities
without intervention by individual Council members;
D. Allowing city staff to execute priorities given by
management and the City Council and protecting city staff
from undue influence from individual Council members.
(Ord. 2009, 2007)
2.17.030 Council and Council members.
2.17.031 Council Power.
The City Council retains the full power to accept,
reject, amend, or otherwise guide and direct staff actions,
decisions, recommendations, workloads and schedules,
department priorities, and the conduct of city business
through the office of the City Manager. This power cannot
be delegated to individual Council members, nor to
committees composed of council members consisting of less
than a quorum of the City Council. (Ord. 2009, 2007)
2.17.032 Individual Council members.
Individual Council members shall not attempt to
influence staff decisions, recommendations, workloads, and
schedules, and department priorities without prior
knowledge and approval of the City Council. (Ord. 2009,
2007)
2.17.033 Council Policy.
If a Council member wishes to influence the actions,
decisions, recommendations, workloads, work schedules and
priorities of staff, that member must prevail upon the City
Council to do so as a matter of council policy. (Ord. 2009,
2007)
2007 5-14 16A
2.17.034 Cupertino -Administration and Personnel 16B
2.17.034 Information.
Individual Council members as well as the City
Council as a whole, have complete freedom of access to any
information requested of staff (except information which is
otherwise protected by law from disclosure) and will receive
the full cooperation and candor of City staff in being
provided with any requested information. Information
sought by an individual council member may, at the
discretion of the City Manager, be automatically provided to
the City Council as a whole. In exercising this discretion,
the City Manager will consider whether the information is
significant or new or otherwise not available to the Council
or is of interest to the Council. (Ord. 2009, 2007)
2.17.040 Staff.
C. Does the response to a request require a
significant allocation of staff resources (generally defined as
consisting of more than one staff person, or a single staff
person working on the request in excess of two hours)?
(Ord. 2009, 2007)
2.17.041 Execution of Council Direction.
The primary functions of City staff is the execution of
Council policy and actions taken by the Council as well as
keeping the Council informed regarding the general
operations of the city. (Ord. 2009, 2007)
2.17.042 Undue Influence.
City staff may take guidance and direction only from
management or the City Council as a whole. Staff is
prohibited from accepting direction or being unduly
influenced by individual Council members to pressure staff
members into making, changing or otherwise suppressing
staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff members
will report such attempts to influence them in confidence to
the City Manager, who may inform the City Council as a
whole of such attempts. Any staff member who violates this
prohibition may be subject to disciplinary action at the
discretion of the City Manager. (Ord. 2009, 2007)
2.16.043 Timely Response.
City staff will make every effort to respond in a timely
and professional manner to all requests made by individual
council members for information or assistance, provided
that, in the judgment of the City Manager, the request is not
of a magnitude either in terms of work load or policy, which
would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In
terms of making this judgment, the following guidelines
should be considered:
A. Is the request specific and limited in scope so that
staff can respond without altering other priorities and with
only minimal delay to other assignments?
B. Is the request a "one time" work requirement, as
opposed to an on-going work requirement?
2007 S-14
2.74.010
CHAPTER 2.74: CUPERTINO TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION*
Section
2.74.010 Established.
2.74.020 Term of office.
2.74.030 Vacancy-Removal.
2.74.040 Meeting-Quorum-Officers-Staff.
2.74.050 Records.
2.74.060 Duties, powers and responsibilities
2.74.070 Budget.
2.74.080 Effect.
Prior ordinance history: Ords. 1099, 1166,
1167, 1233, 1280, 1321, 1465 and 1697.
2.74.010 Established.
The Technology, Information, and Communications
Commission (formerly Telecommunications Commission of
the City) is established and shall consist of five members
from among the qualified electors of the City, none of whom
shall 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. Members of
the Technology, Information, and Communications
Commission shall be appointed by the City Council. (Ord.
2010, 2007; Ord. 1995, (part), 2007; Ord. 1965, (part),
2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
2.74.020 Term of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the
Technology, Information, and Communications
Commission shall be for four years and shall end on January
30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1974, § 4 (part), 2006; Ord. 1965, (part),
2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
2.74.030 Vacancy-Removal.
Any member may be removed by a majority vote of the
City Council. If a vacancy occurs other than by expiration
of a term vacancies shall be filled by appointment of the
City Council and shall be for the unexpired portion of the
term of office vacated. (Ord. 1965, (part), 2005; Ord.
1714, (part), 1996)
2.74.040 Meeting-Quorum-Officers-Staff.
A. The Technology, Information, and
Communications Commission shall hold regular meetings at
least once every three months and at the discretion of the
Commission shall hold other meetings as may be necessary
or expedient. A majority of the Commission shall constitute
a quorum for the purpose of transacting the business of the
Commission.
B. The Commission shall elect a chairperson and a
vice chairperson, both of whom shall serve at the pleasure
of the Commission. The terms of office shall be for one
year.
C. The City Manager shall appoint a staff member
to attend Commission meetings and to provide liaison and
support as needed.
D. The Foothill-De Anza Community College
District shall appoint a staff member to attend Commission
meetings and to provide liaison and support as needed.
(Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord.
1714, (part), 1996)
2.74.050 Records.
The Technology, Information, and Communications
Commission shall keep an accurate record of its proceedings
and transactions, and through the Public Information Officer
shall render such reports to the City Council as may be
required. Commission proceedings shall be public record
and a copy of which shall be filed with the City Clerk.
(Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord.
1714, (part), 1996)
2.74.060 Duties, Powers and Responsibilities.
The Cupertino Technology, Information, and
Communications Commission shall have the following
duties, powers and responsibilities, and such others as the
2007 S-14 53
2.74.060 Cupertino -Administration and Personnel 54
members shall be entrusted with by the City Council from
time to time. The commission shall:
1. Advise the Ciry Council and City Manager on all
matters relating to technology, information, and
communications within the city of Cupertino;
2. Evaluate compliance with any franchise or other
agreement between the City and technology, information,
and communications providers and make recommendations
to the City Council;
3. Conduct periodic reviews of technology,
information, and communications providers, facilities and
products and make recommendations on such subjects to the
City Council;
4. Recommend amendments to the City's
telecommunications policy of the City Council;
5. Serve as a liaison between the City, the public
and the technology, information, and communications
providers in enhancing information and education. Such
activities include providing an opportunity for input to
residents and disseminating noncommercial, educational
materials about technology, information, and
communications services;
6. At the request of the City Manager, provide
assistance in examining methods to obtain equivalent
franchise fees or other economic benefits from service
providers;
7. Provide support for community access television,
especially public and educational access, and give guidance
when needed for development and implementation of access
channels and programming;
8. Recommend ways to foster the City's best use of
technology, information, and communications
infrastructure and services for the maximum benefit of the
community.
9. Provide education to the community on the use of
technology, information, and communications infrastructure
and services. (Ord. 1965, (part), 2005: Ord. 1722, (part),
1996; Ord. 1714, (part), 1996)
2.74.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers or the delegation to the Technology, Information,
and Communications Commission of any authority or
discretionary powers empowered by law on such Council or
officers. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996;
Ord. 1714, (part), 1996)
2.74.070 Budget.
The Technology, Information, and Communications
Commission shall submit an annual budget to the City
Council for its review and approval. All expenditures
require the approval of the City Manager or his designee.
Any grants for program production or other purposes
require the approval of the City Council. (Ord. 1965,
(part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part),
1996)
2005 S-6
37
Ord. No.
1965
1966
1967
1968
1969
1972
1973
1974
1975
1977
1979
1982
1985
1986
1987
1988
1989
1990
1991
1992
1993
1995
2007 5-14
Comprehensive Ordinance List
Amends Ch. 2.74, Cupertino
technology, information, and
communications commission (2.74)
Amends § 14.04.230, Street
improvements-exceptions (14.04)
Amends Ch. 9.18, stormwater
pollution prevention and watershed
protection (9.18)
Amends § 11.24.150 to remove the
prohibition of parking on the west side
of Vista Drive between Apple Tree
drive and a point 200 feet south
(11.24)
Modifies development agreement
(1-DA-90) to extend its term and to
revise use and permit requirements
related to hotels, garages,
neighborhood meetings, and public
hearings at Vallco (Not codified)
Rezones certain land (Not codified)
Rezones certain land (Not codified)
Amends §§ 2.32.020, 2.36.020,
2.68.030, 2.74.020, 2.80.020,
2.86.030 and 2.88.030, terms of
office, members and meetings-quorum
(2.32, 2.36, 2.68, 2.74, 2.80, 2.86,
2.88)
Not in effect due to referendum
Not in effect due to referendum
Amends Ch. 16.28, Fences and adds
§ 16.28.080, prohibited fences (16.28)
Amends Ch. 9.18, Stormwater
Pollution .Prevention and Watershed
Protection (9.18)
Amending City Council Salaries (2.16)
Rezones certain land (Not codified)
Amends Title 17, Signs (17)
Establishes regulations concerning
Claims Against City (1.18)
Amends § 11.27.145 concerning
designation of preferential parking
zones (11.27)
Amends § 11.24.150 concerning
parking prohibitions along certain
streets (11.24)
Amends § 11.24.170 concerning
parking limitations on certain streets
(11.24)
Establishes regulations regarding water
resource protection (9.19)
Rezones certain land (Not codified)
Amends § 2.74.010 concerning
Technology, Information, and
Communications Commission (2.74)
Ord. No.
1999 Amends § 11.24.140 concerning
parking for purposes of servicing or
repairing (11.24)
2000 Amends § 19.28.050 regarding
development regulations (19.28)
2002 Amends § 11.24.170, relating to
parking limitations on Torre street
(11.24)
2003 Amends Ch. 14.18 regarding the
protection of trees (14.18)
2005 Amends § 14.08.010 relating to the
definition of City Manager and adds
§ 14.08.035 relating to permit notice
requirements (14.08)
2006 Amends § 11.24.150) prohibiting
parking on Hoo Hoo Way (11.24)
2007 Rezones certain land (Not codified)
2008 Amending § 2.08.096 regarding the
filing deadline for a petition for
reconsideration (2.08)
2009 Adding Chapter 2.17 relating to City
Council/City Staff relationships (2.17)
2010 Amending § 2.74.010 modifying the
composition of the Technology,
Information and Communications
Commission. (2.74)
7
BUILDING CONSERVATION CODE
Adopted 16.60.010
Name insertion 16.60.020
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Defmitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality
5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
Index
--C--
CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Defmitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS
COMMISSION
Arbitration 6.28.260
Bond 6.28.150
Change 6.28.130
City authority 6.28.090
Definitions 6.28.010
Franchise
application 6.28.210
duration 6.28.050
effective date 6.28.230
existing 6.28.270
granting 6.28.030
payment 6.28.070
renewal 6.28.220
Inadequate remedy 6.28.246
Cupertino -Index
Indemnification 6.28.160
Inspection 6.28.170
Limitation 6.28.080
Location 6.28.110
Permit 6.28.100
Pole, facility use 6.28.200
Regulation 6.28.045
Removal, abandonment 6.28.120
Repair 6.28.245
Requirements generally 6.28.190
Severability of provisions 6.28.250
Standards 6.28.180
Street work failure 6.28.140
Supervision 6.28.247
Use permitted 6.28.040
Violation, penalty 6.28.240
CIGARETTE, TOBACCO VENDING MACHINES
Public places
permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
Purpose, intent of provisions 10.27.020
Title of provisions 10.27.010
Violation, penalty 10.27.050
CLAIMS AGAINST THE CITY
Authority 1.18.010
Claim prerequisite to suit 1.18.025
Claims required 1.18.015
Form of claim, 1.18.020
Suit 1.18.030
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See DEPARTMENTAL ORGANIZATION
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
CIRCULAR
See ADVERTISEMENT
CIRCUS
Business license
See also BUSINESS LICENSE
fee 5.04.340
CITY
Officials
See Specific Officer
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service charge collection duties
3.36.080
Transient occupancy tax appeal hearing notice
3.12.100
Weed abatement, assessment, notice posting
9.08.080
CODE
CITY COUNCIL/CITY STAFF RELATIONSHIPS Adopted 1.01.010
Council and Council members 2.17.030 Authority 1.01.030
Council policy 2.17.033 Constitutionality 1.01.090
Council power 2.17.031 Construction 1.04.040
Individual Council members 2.17.032 Definitions 1.04.010
Information 2.17.034 Effective date 1.01.080
Intent and purpose 2.17.020 Effect, past actions, obligations 1.01.070
Preamble 2.17.010 Enforcement officer
Staff 2.17.040 See CODE ENFORCEMENT OFFICER
Execution of Council direction 2.17.041 Fire
Timely response 2.17.043 See FIRE CODE
Undue influence 2.17.042 Grammatical interpretation 1.04.020
Headings, not limiting 1.01.050
CIVIL DEFENSE
See DISASTER COUNCIL
2007 S-14
8A l ndex
Penalty
designated 1.12.010
nuisance abatement 1.12.030
separate offenses 1.12.020
Prohibited acts including causing, permitting
1.04.030
References
applicable to amendments 1.01.040
application to corresponding ordinances
1.01.060
title, citation 1.01.020
Repeal shall not revive any ordinances 1.04.050
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
Warrantless arrest authority 2.30.020
2007 S-14