Ordinance No. 1697•-
ORDINANCE NO. 1697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE ONE AND TITLE TWO OF THE CUPERTINO MUNICIPAL
CODE FOR THE PURPOSE OF CONFORMING THE PROVISIONS OF THE CODE
TO THE REQUIREMENTS OF STATE AND FEDERAL LAW, CONFORMING
THE PROVISIONS OF THE CODE TO BE CONSISTENT WITH PRESENT CITY
PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE PROVISIONS,
CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND CONSOLIDATING
AND STREAMLINING VARIOUS PROVISIONS
THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
Chapter 1.01 CODE ADOPTED footnote is hereby amended to read as follows:
For the statutory provisions authorizing cities to adopt by reference a codification of its
ordinaries, see Gov. Code § 50022.1 et seq.
Section 1.01.010 is hereby amended to read as follows:
Pursuant to the provisions of Sections 50022.1 et seq. of the California Government
Code, there is adopted the "Cupertino Municipal Cade" as published by Book
Pubtishing Company, Seattle, Washington, together with those secondary codes
adopted by reference as authorized by the California State Legislature, save and except
those portions of the secondary codes as are deleted or modified by the provisions of
the "Cupertino Municipal Code."
Section 1.01.030 is hereby amended to read as follows:
This code consists of all the regulatory and penal ordinances aril certain of the
administrative ordinances of the City of Cupertino, codified pursuant to the provisions
of Sections 50022.1 et seq. of the California Government Code.
Section 1.04.010(3) is hereby amended to read as follows:
"Councit" means the .City Couriil of the City of Cupertino, California. "All its
members" or "all Councilpersons" means the total number of Councilpersons provided
by the general laws of the state of California.
Section 1.04.010(26) is hereby repealed.
Section 1.09.030(B) is hereby amended to read as follows:
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B. "Record owner" means the person or persons described as the owner or owners of
record of the parcel of land on which the nuisance is maintained, by the last equalized
assessment roll or the supplemental roll, whichever is more current.
Section 1.09.090 is hereby amended to read as follows:
A copy of the resolution provided for in Section 1.09.080 ordering the abatement of the
nuisance shall be served upon the record owtter, or other persons having an interest
therein, in accordance with the provisiotu of Section 1.09.060, artd shall contain a
description of the tteeded corrections andlor repair necessary to comply with the
abatement order. Any property owner shall have the right to have the nuisance, as
declared, abated, provided the same is wmpleted prior to the expiration of the period of
time set forth in said resolution or, if no time is so specified, within a period not to
exceed svcty days after the date of adoption of such resolution. The time set for
abatemem, upon good cause shown, may be extended for a reasonable time, by the City
Council; provided that, if such mtisance is not abated within such time, the Code
Enforcement Officer or his designated representative shall, by City forces or private
contract cause the same to be abated.
Section 1.09.170 is hereby repealed.
Section 1.09.180 is hereby amended to read as follows:
Failure to comply with the provisions of the below listed titles and chapters of this
Code shall constitute a public ratisance subject to the abatetnem proceedings provided
for in this chapter:
Titles Chapters
Title 5 All
Title 6 6.24
Title 8 All
Title 9 All
Title 10 All
Title 11 11.04, 11.10, 11.29, 11.31
Title 14 All
Title 15 15.12, 15.20, 15.30
Title 16 All
Title 17 All
Title 18 All
Title 19 All
The title of Appet~ix A is hereby amended to read as follows:
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Rules of Procedure for Conducting Hearing
(Public Nuisance)
Chapter 1.12 GENERAL PENALTY footnote is hereby amended to read as follows:
For statutory provisions authorizing cities to impose fines up to $1,000.00,
imprisonment up to six months, or both, see Govt. Code § 36901.
Section 1.12.010(B) is hereby amended to read as follows:
B. Unless otherwise specified by this code, an infraction is punishable by:
1. A fine not to exceed one hundred dollars for a first violation;
2. A fine rtot exceeding two hundred dollars for a second violation of the same chapter
of this code within one year; and
3. A fine not exceeding five hundred dollars for a third violation of the same chapter of
this code within one year.
Section 1.12.010(C) is hereby amended to read as follows:
Unless otherwise specified by this code, a misdemeanor is punishable by a fine not
exceeding one thousand dollars, imprisonment for a term not exceeding six months, or
by both such fine and imprisonment.
Section 1.12.020 is hereby amended to read as follows:
A person committing an act designated in Section 1.12.010 is guilty of a separate
offense for each and every day during any portion of which any violation of any
ordinance of the City is committed, continued or permitted by such person, and is
punishable as provided in Section 1.12.010.
Section 1.16.020(D) is hereby amended to read as follows:
Appeals to the Ciry Council. Unless otherwise provided for by specific ordinarues any
person dissatisfied with the action or judgment of the City Manager may appeal to the
Ciry Council by filing a written request which states the specific reason for the appeal
within ten business days of the serving or mailing of the determination. The Ciry Clerk
shall schedule a hearing before the City Council within thirty days after receipt of the
request for appeal. Tate party requesting the hearing will receive written notice of the
date, time and place of the hearing. T'he Council may by resolution affirm, reverse, or
modify in whole or in part the detetmtinations of the City Manager. The findings of the
Council shall be final and conclusive. Any amount fouttd to be due shall be
immediately due and payable upon Council action.
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Chapter 2.04 heading is hereby amended to read as follows:
CITY COUNCIL-Election and Meetings (Time and Place)
There is hereby added to the Municipal Code of Cupertino Section 2.04.005 which is to read
as follows:
2.04.005 El€CI1411S
General municipal elections shall be held in the month of November of odd-numbered
years to coincide with the uniform district elections.
Section 2.04.020 is hereby amended to read as follows:
Special meetings may be called at any tittle by the mayor or by throe members of the
City Council by delivering personally or by mail written notice to each member of the
City Council and to each lacal newspaper of general circulation, radio and television
station requesting notice in writing. The notice shall be delivered personally or by mail
and be received at least 24 hours before the time of the meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted or discussed. No other business shall be considered at
these meetings. The written notice may be dispensed with as to any member of the city
council who at or prior to the time the meeting convenes, files with the City Clerk a
written waiver of notice. The waiver may be given by telegram. The written notice
may also be dispensed with as to any member of the City Council who is actually
present at the meeting at the time it convet~s.
There is hereby added to the Municipal Cade of Cupertino Section 2.04.025 which is to read
as follows:
2.04.030
In the case of an emergency situation involving matters upon which prompt action is
necessary due to the description or threatened disruption of public facilities, the City
Council may hold an emergency meeting without complying with either the 24 hour
notice requirement or the 24 hour posting requirement described in Section 54956 of
the California Government Code. An emergency meeting called under this section shall
be otherwise conducted in conformance with Section 54956.5 of the California
Government Code.
Section 2.04.040(A) is hereby amended to read as follows:
A. If any vacancy on the City Council occurs other than by expiration of a term, the
City Council shall, at its option within thirty days from the commencement of the
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vacancy, either fill the vacancy by appointment for the unexpired term of the former
incumbent, or call a special election to fill the vacancy. The special election shall be
held on the next regularly established election date not less than one hundred fourteen
days from the call of the special election.
Section 2.04.040(C)(1) is hereby amended to read as follows:
1. The City Council may call an election to fill the vacancy to be held on the next
regularly established election date not less than one hundred fourteen days after the call;
Section 2.08.020 is hereby repealed.
Section 2.08.080(B) is hereby amended to read as follows:
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.
Section 2.08.080(C) is hereby repealed.
Section 2.08.090(A) is hereby amended to read as follows:
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 wmmunications;
6. Oral communications;
7. Consent calendar;
8. Items removed from the consent caletdar;
9. Public hearings;
10. Unfinished Business;
11. New business;
12. Ordittattces;
13. Staff reports:
14. Council reports;
15. Closed session;
16. Adjournnxnt.
S
Section 2.08.095(B)(1) is hereby amended to read as follows:
1. Any action involving a public hearing which has been closed;
Section 2.08.095(C) is hereby amended to read as follows:
C. In such cases, the Council shalt 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 tray be.
Section 2.08.100 is hereby amended to read as follows:
2.08.100 Written .o m mications
A. Written communications transmitted to a majority of the members of the City
council by any person in com~ction with a matter which is subject to discussion or
consideration at a meeting of the City Council shall be delivered by the recipient
council person 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 couttcilperson, 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 subjat matter of the
communication.
There is hereby added to the Municipal Cade of Cupertino Section 2.08.105 which is to read
as follows:
2.08.105 0~ Communicationc
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, rrrembers of the public shall be given the opportunity to address the City
Council during its cotuideration 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 mating cotrcerning that item.
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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.
Section 2.08.120 is hereby repealed.
Section 2.12.010 is hereby amended to read as follows:
Within fifteen days after its passage, the Ciry Clerk shall cause each ordinance to be
published at least once in a newspaper of general circulation published and circulated in
the City, or if there is none, shall cause it to be posted in at least three public places in
the Ciry or published in a newspaper of general circulation printed and published in the
County and circulated in the City.
Section 2.12.020 is hereby amended to read as follows:
Ordinances, other than an urgency ordinance, where ordinances are required by law,
and resolutions granting franchises shall not be passed within five days of their
introduction, nor at other than a regular meeting. Except when further reading is
waived by regular motion adopted by a majority vote of the council present after
reading of the title, ordinances shall be read in full. When ordinances, other than
urgency ordinances, are altered after introduction, they shall be passed only at a regular
meeting held at least five days after alteration. Corrections of a typographical or
clerical error are not alterations within the meaning of this section.
Section 2.20.010 is hereby amended to read as follows:
A. It shall be the duty of the City Clerk to keep an accurate record of the proceedings
of the City Council as provided in Government Code Section 40801.
B. With respect to closed sessions of the City Council held pursuant to California
Government Code Section 54950 et seq., unless otherwise ordered by the Council, the
Clerk shall attend each closed session and keep and enter in a minute book a record of
topics discussed and decisions made at all closed sessions. With respect to any
particular closed session of the City Council, the Council may, in lieu of the City
Clerk, order that minutes of any closed session be kept by another officer or employee
of the City. Any minutes of a closed session taken by any person other than the City
Clerk shall be retained in a separate minute book by the City Attorney.
C. Any mimtte book made pursuant to this section is not a public record subject to
inspection pursuant to the California Public Records Act and shall be kept confidential.
Subject to the requirements of California Government Code Section 54957.2, any
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minute book described in this section shall be available only to members of the body
which held the closed session.
Section 2.20.020 is hereby amended to read as follows:
The duties now and hereafter imposed upon the City Clerk by State statute for the
maintenance of accounting records readily reflecting the financial cor~ition of the City
are hereby transferred to the Director of Administrative Services which office has been
established by City ordinance and with the powers and duties thereof as defined by said
ordinance.
Section 2.20.110 is hereby amended to read as follows:
The City Clerk tray appoint a Deputy City Clerk who shall have the rights and duties
of the Ciry Clerk during the City Clerk's absence to assure the continuity of service of
that office.
Section 2.24.010 is hereby amended to read as follows:
It shall be the duty of the Treasurer to receive and safely keep all moneys of the City
deposited with him or her in connection with any business thereof.
Section 2.24.020 is hereby amended to read as follows:
The Treasurer shall pay out all mot~ys owed by the Ciry including obligatiotts incurred
by improvement bonds thereof on certification of the Director of Administrative
Services that such are due and owing. All payments, transfers or withdrawals of City
moneys shall be by checks signed by the Mayor and Treasurer. a facsimile signature of
the Mayor and Treasurer may be used.
Section 2.24.030 is hereby amended to read as follows:
2.24.030 Monthly reports.
The Treasurer shall make monthly reports which conform to the requirements of
Government Code § 41004. Said reports shall be delivered to the City Council, the
City Manager and made available for review by such other persons who may so
request.
Section 2.24.040 is hereby amended to read as follows:
The Treasurer before entering upon his or her duties shall take the oath of office
provided for in the Constitution of the state of California and shall file with the City
Clerk an official bond in the amount to be set from time to time by the City Council by
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resolution for the faithful performance of his or her duties, payable to the Ciry. Said
bond shall be to the satisfaction of the Mayor and his or her approval shall be endorsed
thereon. The premium of the bond shall be paid by the City.
Section 2.28.010 is hereby amended to read as follows:
The office of City Manager is created and established. The City Manager shall be
appointed by the Ciry Council on the basis of his or her experience, administrative and
ex~utive ability. He or she shall hold office at and during the pleasure of the City
Council.
Section 2.28.030(B) is hereby amended to read as follows:
B. The Ciry Manager shall furnish a corporate surety bond to the City conditiorred upon
the faithful performance of his or her duties in the penal sum to be fixed by the City
Council. The premium for the bond shall be paid by the Ciry.
Section 2.28.040 is hereby amended to read as follows:
The City Manager shall be the administrative head of the Ciry government acting under
the direction and control of the City Council except as otherwise provided in this
chapter. In addition to his or her general powers as Chief Administrator, acrd not as a
limitation thereon, be or she shall have the powers and duties set forth in the following
subsections:
Section 2.28.040(A) is hereby amended to read as follows:
A. To see that all laws ar-d ordinances of the City are duly enforced and that all
franchises, permits, licenses and privileges granted by the City ace faitlrfirlly performed
and observed;
Section 2.28.040(B) is hereby amended to read as follows:
B. To control, order and give directions to all directors of departments and to
subordinate officers and employees of the City under his or her jurisdiction through
their department directors, and to transfer employees from one department to another;
Section 2.28.040(C) is hereby amended to read as follows:
C. The services artd facilities of the City Treasurer and the Ciry Attorney shall be made
available to the City Manager to the same extent and in the same manner that the
services are available to the City Council;
Section 2.28.040(D) is hereby amended to read as follows:
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D. To appoint, discipline and dismiss any anti all officers and employees of the City
except those elected by the electors of the Ciry or whose appointment or dismissal is
denied to the City Manager under the laws of the state; provided, however, that he or
she shall not have the power to remove or dismiss a department director until such
person has been notified in writing by the City Manager of his or her intention to
remove him at least fifteen days before the effective date of his removal. Within ten
days after receiving such notice, a department director may request a closed hearing
before the City Cout~il, at which hearing he shall have an opportunity to answer the
reasons given for his removal. "Department director," as used in this paragraph,
includes the Director of Administrative Services, the Director of Community
Development, the Director of Public Works, the Director of Parks and Recreation, the
City Clerk and such other department directors as tray be established in the future by
the City Council. At the hearing, the City Council can overrule the action of the City
Manager only by the affirmative vote of four members;
The power to appoint given in the preceding paragraph does not include the power to
create a new office or new position except as provided under Chapter 2.52;
Section 2.28.040(F) is hereby amended to read as follows:
F. To recommend to the City Council fcr adoption such measures and ordinances as he
or she deems necessary or expedient;
Section 2.28.040(Ivt7 is hereby amended to read as follows:
M. To devote his or her entire working time, thought ark energy to the duties and
interests of the City;
Section 2.28.040(P) is hereby amended to read as follows:
P. To perform such other duties and exercise such other powers as may be delegated to
him or her from time to time by ordinance, resolution or other action of the City
Council.
Section 2.28.050 is hereby amended to read as follows:
The City Council and its members shall deal with the administrative services of the City
only through the City Manager, except for the purpose of inquiry, and neither the Ciry
Council nor any member thereof shall give orders to any subordinates of the City
Manager. The City Manager Shall take his or her instructions from the City Council
only when given at a duly held meeting of the City Council, and no individual
councilperson shall give any instructions to the City Manager.
Section 2.28.060 is hereby amended to read as follows:
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•
The City Manager may attend any anti all meetings of any commission of board
heretofore or hereafter created by the Ciry Council, upon his own volition or upon
direction of the City Council. At any such meetings at which the City Manager
attends, he or she shall inform the members as to the status of any matter being
considered by the City Council. He or she shall cooperate fully with the members of
all commissions, board or committees appointed by the City Council.
Section 2.28.070 is hereby amended to read as follows:
In the event of the temporary absence or disability of the City Manager, the City
Council may designate some duly qualified person to perform the duties of City
Manager during the period of his or her absence or disability.
Section 2.28.090(A) is hereby amended to read as follows:
A. The removal of the City Manager shall be only upon afour-fifths vote of the City
Council. A resolution of intention to remove the City Manager shall fast be passed at
any regular of special meeting of the Council. The resolution shall specify the reason
or reasons for the removal and state whether the Manager is to be suspended from his
or her duties upon passage of the resolution. It shall also state a date and hour for a
hearing at a regular or special meeting of the Council to be held at the usual meeting
place of the Council. The hearing date shall be no less than two weeks nor more than
four weeks from the date of passage of the resolution. Within one week after passage
of the resolution, a copy thereof shall either be served personally upon the City
Manager or sent to him or her by registered mail, return receipt requested, at his or her
last known address. The hearing shall be open to the public if the City Manager so
requests in writing by notifying the City Clerk at least seven days before the date set for
the hearing.
Section 2.28.090(B) is hereby ametxled to read as follows:
B. At the time set for the hearing, the City Manager shalt have an opportunity to
answer the reason or reasons given for his or her removal. Nothing herein contained,
however, shall be construed to require the Cour>cil or any of its members to substantiate
or prove the reason or reasons for said removal as a condition of the removal, it being
the intention of the Council that the City Manager shall hold office only at the
discretion of the Councit and may be removed at any time by following the procedure
set forth in this section. At the hearing the Council shall take final action on the
resolution of intention to remove the City Manager and shall adopt a motion or a
resolution either to carry out his or her removal or to retain him or her. If the action is
to remove the City Manager, his of her removal shall not be effective until at least two
weeks have expired from the date of the hearing. Failure of the Council to adopt a
motion or resolution for his or her removal shall be deemed a recision of the resolution
of intention.
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Section 2.28.090(C) is hereby amended to read as follows:
C. The City Manager shall be entitled to receive his or her regular compensation during
the period between the effective date of his or her removal and passage of the resolution
of intention of removal.
Section 2.28.090(D) is hereby amended to read as follows:
D. The Ciry Manager may resign from his or her position upon at least four weeks'
notice in writing given to the City Council.
Section 2.30.010 is hereby amended to read as follows:
The Code Enforcement Officer, or such person authorized to act in that capacity during
his periods of absence or leave, is designated Enforcement Officer, and charged with
the duty of enforcement of the ordinances of the City, and the parking regulations of
the California Vehicle Code. Such designation shall not relieve any other officer of the
City who, in any other ordinance of the City, is designated as the Enforcement Officer
thereof, from his duty to enforce such other ordinance. With respect to any such other
ordinances, the Code Enforcement Officer, or such person authorized to act in that
capacity during his or her periods of absence or leave, shall discharge his or her duties
under this chapter in cooperation with any such other officer.
Section 2.30.020 is hereby amended to read as follows:
The Code Enforcement Officer, or such person authorized to act in that capacity during
his or her periods of absence or leave, is authorized and empowered to arrest a person
without a warrant whenever he has reasonable cause to believe that the person to be
arrested has committed a misdemeanor in his or her presence which is a violation of
any ordinattce of the City or parking regulation of the California Vehicle Code, or to
issue a citation in lieu thereof, as provided in Section 836.5 of the Penal Code of the
State of California.
Section 2.32.020(A) is hereby amended to read as follows:
A. Commissioners serve at the pleasure of the City Couttcil. The term of office of the
members of the Planning Commission shall be four years and shall end on January 15th
of the year their tetm 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.
Section 2.32.040 is hereby amended to read as follows:
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2.32.040 Chairpcrson
The commission shall elect its chairperson and vice-chairperson from among its
members. The terms of the chairperson and vice-chairperson shall be for one year and
shall begin on January 15th one year aril be complete on January 15th the following
year, unless the term of the officer as a member of the Commission sooner expires, and
until the successor to each is duly appointed.
Section 2.32.060(B) is hereby amended to read as follows:
B. The Commission shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the Council as may be required by ordinance or
resolution, and shall submit an annual report to the Mayor. To accomplish this the
Commission shall be furnished with a secretary employed by the Ciry to kcep accurate
records of the Commission. All records so prepared by the secretary shall be feted with
the City Clerk.
Section 2.32.070 is hereby amended to read as follows:
2.32.070 Powers and Functions
The powers and functions of the City Planning Commission shall be as follows:
A. Prepare, periodicalty review, and revise as necessary, the general plan;
B. Implement the general plan through actions including, but not limited to, the
administration of specific plans and zoning, subdivisions, and sign ordinances;
C. Annually review the capital improvement program of the City and the local public
works projects of othec local agencies for their consistency with the General Plan
(pursuant to Article 7 of the California Government Code);
D. Et~eavor to promote public interest in, comment upon, and understanding of the
General Plan, and regulation relating to it;
E. Consult and advise with public officials arul agencies, public utility companies,
civic, educational, professional, and other organizations and citizens generally
concerning implementation of the general plan;
F. Promote the coordination of local plans and programs with the plans and programs
of other agencies;
G. Perform other functions as the City Council provides u~luding corKiucting studies
and preparing plans other than those required or authorized by state law.
Section 2.32.080 is hereby repealed.
Section 2.32.090 is hereby amended to read as follows:
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The Planning Commission 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 be
subjxt to approval by the Council before becoming effective. All such rules shall be
kept on file with the chairperson of the Planning Commission and the Mayor and a
copy thereof shall be furnished to any person upon request.
Section 2.32.100 is hereby repealed.
Section 2.36.040 is hereby amended to read as follows:
2.36.040 Chairperson
The Commission shall elect its Chairperson and Vice-Chairperson from among its
members. The terms of the Chairperson and Vice-Chairperson shall be for ors year
and shall begin on February 1st one year and be complete on February 1st the
following year, unless the term of the officer as a member of the Commission expires
sooner and until the successor to each is duly appointed.
Section 2.36.100 is hereby repealed.
Section 2.40.20 is hereby amended to read as follows:
As used in this chapter, "emergency" means the actual of threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within
this City caused by such conditions as air pollution, fue, flood, storm, epidemic, riot,
earthquake or other conditions, including conditions resulting from war or imminent
threat of war, but other than conditions resulting from a labor controversy, which
wnditions are or are likely to be, beyond the control of the services, personnel,
equipment and facilities of this City, requiring the combined forces of other political
subdivisions to combat.
Section 2.40.030 is hereby amended to read as follows:
The Cupertino Disaster Council shall cor>sist of all members of the City Council. The
Mayor shall serve as Chairperson and the Vice Mayor as Vice-Chairperson of the
Disaster Council.
Section 2.40.040 is hereby amended to read as follows:
The Disaster Council has the duty and the power to develop and recommend for
adoption emergency plans and mutual aid agreements based on the Standardized
Emergency Management Systems (BENS) as defined in the California Code of
Regulations, Title 19, Division 2, Sections 2400-2450. It shall also register and direct
the activities of disaster service workers within Cupertino and is thus, because of such
14
• e
registration and direction, acting as an instrumentality of the City in aid of the carrying
out of the general governmental functions and policy of the City. It agrees to comply
with the rules aril regulations governing disaster service workers as established by the
California Emergency Council pursuant to the provisions of Section 8580 of the
California Emergency Services Act.
Section 2.40.050 is hereby amended to read as follows:
There is created the Office of Emergency Services. The Ciry Manager shall be the
Director of Emergency Services and fulfill the management function in the Standardized
Emergency Management Systems (BENS) orgat»iational structure.
Section 2.40.060(B) is hereby amended to read as follows:
B. Request the Santa Clara County Operational Area to petition the Governor to
proclaim a "state of emergency" when, in the opinion of the Director, the locally
available resources are inadequate to cope with the emergency.
Section 2.40.060(G)(3) is hereby amended to read as follows:
3. Require emergency services of any City officer or employee arx1, in the event of the
proclamation of a "state of emergency" in the Santa Clara County Operational Area or
the existence of a "state of war emergency," to command the aid of as many citizens of
this community as he deems necessary in the execution of his duties; such persons shall
be entitled to all privileges, benefits, and immunities as are provided by state law for
registered disaster service workers.
Section 2.40.090 is hereby amended to read as follows:
It is the purpose of the Ciry Council in enacting the ordinance codified herein to
facllitate the rendering of mutual aid to and for the people of this City. Errrergency
plans adopted and approved by the City Council shall provide for the interchange of
mutual aid and for coordination with the emergency plans of the Santa Clara County
Operational Area.
Section 2.48.020(A)(1)(c) is hereby amended to read as follows:
c. Human Resources Division. This division shall be responsible for code
enforcement, personnel, disaster preparedt~ss, risk management and special projects.
Section 2.48.020(A)(2) is hereby amended to read as follows:
2. The Director of Administrative Services shalt be head of this department, with the
City Clerk being responsible for the activities within the City Clerk Division, the
IS
Finance Officer being responsible for the activities within the Finance Division, anti the
Persotutel Oftcer being responsible for activities within the Human Services Division.
Section 2.48.020(B)(1)(a) is hereby amended to read as follows:
a. Planning Division. This division shall be responsible for current artd long-range
planning, the development and maintenance of the general plan and specific plans, and
the processing of applications for use permits, variances, and changes of zoning, and
the sign ordinance.
Section 2.48.tY10(B)(2) is hereby amended to read as follows:
2. The Director of Community Development shall be the head of this department, with
the Chief Building Official being responsible for activities within the Building Division.
Section 2.48.020(C)(1) is hereby amended to read as follows:
1. This department shall have the following divisions:
a. Engineering and Administrative Division. This division shalt be responsible for
providing engineering services and general administration for the Department of Public
Works.
b. Street Maintenarue Division. This division shall be responsible for the mainterance
of all streets, storm drains, street lights, sidewalks, curbs, gutters, easements, oral
medians.
c. Facilities and Water Division. This division shall be responsible for all buildings,
and the operation and maintenance of the water utility.
d. Parks Division. This Division shall be responsible for the maintenance of all pazk
sites and the leased school sites.
e. Traffic Division. This division shall be responsible for the design and maintenare
of transportation facilities and the operation and maintenance of the city's traffic
signals.
Section 2.48.020(D)(1) is hereby amended to read as follows:
1. This department shall be responsible for:
a. All recreational programs and services sponsored by the City.
b. Management of all recreation facilities including Quinlan Community Center, Sports
Center, Senior Center, and Monta Vista Recreation Center.
c. Operation and management of Blackberry Farm golf course and picnic grounds.
d. Planning and development of existing and future pazk sites.
Section 2.48.020(E)(1) is hereby amended to read as follows:
1. This department shall be responsible for law enforcement and fire protection
services. However, since these services are presently contracted for or provided by a
16
special district, this department shall not be implemented, and the Director of Public
Safety shad not be appointed, until the City Council, by appropriate ordinance,
resolution, or other action, determines to administer its own law enforcement and/or
fire protection services.
Section 2.52.050(C) is hereby repealed.
Section 2.52.050(E) is hereby repealed.
Section 2.52.060 is hereby amended to read as follows:
The following offices, positions and employees are exempt from JurlsdictIon B:
A. Department directors, designated as such by resolution of the City Council;
B. Employees serving under appointments of provisional, exempt, temporary or
emergency status;
C. The Secretary to the City Manager,
D. The Secretary to the City Attorney.
Section 2.52.1000 is hereby repealed.
Section 2.52.150 is hereby amettded to read as follows:
2.52.150 Jurisdiction A -Classification plan -Adoption
The classification plan shall be adopted in its effective form as a resolution of the City
Council.
Section 2.52.160 is hereby amended to read as follows:
The classification plan shall include a job description for each position; class titles and
specifications; and an allocation listing of positions to classifications.
Section 2.52.170 is hereby repealed.
Section 2.52.190 is hereby repealed.
Section 2.52.200 is hereby repealed.
Section 2.52.210 is hereby repealed.
Section 2.52.220 is hereby amended to read as follows:
There shall be included in the rules, provisions and conditions for the appointment,
employment and retention of those employees wbo are subject to Jurisdiction B to be on
a basis of merit and fitness.
17
Section 2.52.240 is hereby amended to read as follows:
The rules shall include provision for the establishment of lists of eligible applicants by
one or more examination processes that in the opinion of the appointing authority best
determines the qualifications of applicants in correlation with the needs of the City; for
the selection of persons from said lists; for discharge of employees; and, for such other
provisions deemed necessary or desirable to administer fairly the persomtei program on
a merit basis as hereinafter defined.
Section 2.52.260 is hereby amended to read as follows:
The rules shall be adopted by resolution of the City Council.
Section 2.52.270(A)(1) is hereby repealed.
Section 2.52.270(A)(2) is hereby amended to read as follows:
Examinations to test fairly the fitness of applicants, or such other methods as can best
serve the purpose of determining excellerue, qualification or fitness.
Section 2.52.270(A)(6) is hereby amended to read as follows:
Probationary status for all employees appointed from eligibility lists or as a result of
having successfully completed an examination, the dtuation of which is to be
predetermined for each class,
Section 2.52.270(B) is hereby amended to read as follows:
B. Disciplinary actions and appeals:
Consistent with the provisions of law, the rules shall include procedures concerning
disciplinary actions and appeals.
Section 2.52.270(C) is hereby amended to read as follows:
C. Terms and conditions of employment:
Terms and conditions of employment including but not limited to absence, group
insurance, and performance evaluation, are set forth in memoranda of urxierstanding or
resolution adopted by the City Council
Section 2.52.270(D) is hereby repealed.
Section 2.52.270(E) is hereby repealed.
Section 2.52.290(L) is hereby amended to read as follows:
18
L. "Exclusive representative" means an employee organization, or its duly authorized
representative, that has been granted formal recognition by the municipal employee
. relations officer following a secret ballot election as representing the employees in an
appropriate unit;
Section 2.52.290(N) is hereby amended to read as follows:
N. "Mcet and confer in good faith" (sometimes referred to herein as "meet and confer"
or "meeting and conferring") means performance by duly authorized City
representatives and duly authorized representatives of an employee organization
recognized as the exclusive representative of their mutual obligation to meet at
reasonable times ate to confer in good faith regarding matters within the scope of
representation, ircluding wages, hwrs, and other terms and conditions of employment,
in an effort to:
1. Reach agreement on those matters within the authority of such representatives, and
2. Reach agreement on what will be recommended to the City Council on those matters
within the decision making authority of the City Council. This does not require either
party to agree to a proposal or to make a concession;
Section 2.52.290(8) is hereby amended to read as follows:
R. "Recognized employce organization" means an employee organization wltich has
bcen acknowledged by the Municipal Employee Relations Officer as an employee
organization that represents employees of the City. The rights accompanying
recognition are either:
I. Formal recognition, which is the right to mcet attd confer in good faith as the
exclusive representative in an appropriate unit, or
2. Informal recognition, which is the right to meet attd confer in good faith as a
recognized employee organisation.
Section 2.52.380 is hereby amended to read as follows:
The City, through its representative, shall meet and confer in good faith with
representatives of formally recognized employee organizations regarding matters within
the scope of representation ircluding wages, hours and other terms and conditions of
employment.
Section 2.52.390 is hereby repealed.
19
Section 2.52.420 is hereby amended to read as follows:
A "grievance" is any good faith dispute concerning the interpretation or application of a
memorandum of understanding or of terms and conditions of employment as set forth in
any resolution adopted by the Ciry Council.
Grievances shall be processed in accordance with procedures established by the City.
Section 2.52.430 is hereby amended to read as follows:
When the meeting and conferring process is concluded between the Ciry and a formally
recognized employee organization all agreed upon matters shall be incorporated in a
written memorandum of understanding signed by the duly authorized City and
employee representatives.
As to those matters within the authority of the City Council, the memorandum of
understanding shall be submitted to the City Council for determination.
Section 2.52.440 is hereby amended to read as follows:
Reasonable written notice shall be given to each recognized employee organization
affected of any ordinance, rule, resolution or regulation directly relating to matters
within the scope of representation proposed to be adopted by the City Council or by
any board or commission of the City, and each shall be given the opportunity to meet
with the Municipal Employee Relations Officer prior to adoption.
Section 2.52.450 is hereby amended to read as follows:
An employee organisation that seeks formal recognition for purposes of meeting and
conferring in good faith as the exclusive representative of employees in an appropriate
unit shall file a petition with the Municipal Employee Relations Officer containing the
following information and documentation:
Section 2.52.450(J) is hereby amended to read as follows:
J. The job classification or titles of employees in the unit claimed to be appropriate;
Section 2.52.450(IC) is hereby amended to read as follows:
K. A statement that the employee organization has in its possession written proof, dated
within six months of the date upon which the petition is filed, to establish that at least
forty (40) percent of the employees in the unit claimed to be appropriate have
designated the employee organization to represent them in their employment relations
with the City. Such written proof shall be submitted for confirmation to the Municipal
Employee Relations Officer or to a mutually agreed upon disinterested third party;
20
i •
Section 2.52.450(L) is hereby amended to read as follows:
L. A request that the Municipa! Employee Relations Officer conduct a secret ballot
election to determine if the petitioning employee organization will be recognized as the
exclusive representative of the employees in the unit claimed to be appropriate for the
purpose of meeting and conferring in good faith on all matters within the scope of
representation.
Section 2.52.460 is hereby repealed.
Section 2.52.470(A) is hereby amended to read as follows:
A. The Municipal Employee Relations Officer, after reviewing the petitions filed by an
employee organization seeking formal recognition as the exclusive representative, shall
determine whether the proposed unit is an appropriate unit. The principal criterion in
making this determination is whether there is a community of interest among such
employees. The following factors, among others, are to be considered in making such
determination:
Section 2.52.470(A)(5) is hereby repealed.
Section 2.52.480 is hereby amended to read as follows:
2.52.480 Employee organization -Determination of exclusive representative.
A. The Municipal Employee Relations Officer shall:
1. Determine the exclusive representative or City etnployces in an appropriate unit by
arranging for a secret ballot election. The employee organization found to represent a
majority of the employces in an appropriate unit shall be granted formal recognition and
is the only employee organization entitled to mcet and confer in good faith on matters
within the scope of representation for employees in such unit. This shall not preclude
other recognized employee organizations from meeting with management
representatives or employer~mployce relatioas matters of concern to them;
2. Revoke the recognition rights of an employee orgartiiation which has been found by
secret ballot election no longer to be the exclusive representative.
B. The rewgnition rights of the exclusive representative, designated in accordance with
Subsection A herein, shall not be subject to challenge for a period of twelve months
following the date of such recognition.
Section 2.52.490 is hereby amended to read as follows:
No provision or condition contained herein shall be construed as denying the continued
employment of any employce who is on the payroll as of the effective date of the
ordinance codified herein.
21
Section 2.52.500 is hereby repealed.
Section 2.52.510 is hereby repealed.
Section 2.52.520 is hereby repealed.
Chapter 2.56 is hereby repealed.
Section 2.60.090 is hereby repealed.
Section 2.68.070(A) is hereby amended to read as follows:
A. Consult with the City Council, the City staff and the Santa Clara County Library
Joint Powers Authority and staff regarding the functioning of the physical facilities of
the Cupertino Library and shall make recommendations from time to time for
improvement or modification thereof;
Section 2.68.070(B) is hereby amended to read as follows:
B. Consult with the City Council, the City staff and the Santa Clara County Library
Joint Powers Authority and staff regarding the Cupertino Library programs and
services to the community and shall make recommendations from time to time for
improvements or modifications thereof;
Chapter 2.72 is hereby repealed.
Section heading 2.74.040 is hereby amended to read as follows:
2.74.040 Meeting -Officers -Staff.
Section 2.74.040(D) is hereby amended to read as follows:
D. The Foothill De Anna Community College District may appoint a staff member to
attend Committee meetings and to provide liaison and support as needed.
Section 2.74.080(B) is hereby repealed.
Chapter 2.76 is hereby repealed.
Section 2.86.060(A) is hereby amended to read as follows:
A. The Affordable Housing Committee shall estabiish a regular tithe and place of
ttreeting and rules of conduct thereof and shall hold at least one regular meeting each
quarter.
22
•
Section 2.86.070 is hereby amended to read as follows:
Members shall serve on the Affordable Housing Committee without compensation except all
necessary expenses reasonably incurred by them while acting in their official capacity shall be
paid following appropriate actions by the City Council.
**~*sr*~t*rf*
PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a newspaper
of general circulation published and circulated in the Ciry within 15 days after its adoption, in
accordance with Government Code § 36933, shall certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Cupertino Municipal Code.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
5th day of September, 1995, and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of September , 1995, by the following vote:
Vote: Members of the Citv Council
AYES: Bautista, Burnett, Koppel, Dean
NOES: None
ABSENT: Sorensen
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor
23
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO 4 ) ~!
I, KIMBERLY SMITH, City Clerk and ex-officio Cletk of the City Council of the Ciry {
of Cu rtino, California, do hereby cert' the attached to be a foil. true, and c°rtect copy of ,
Ordinance No. /64 ~ enacted on
1
IN WITNESS WHE ~ F. I have hereunto sec my hand and seal this ~ day of
~~'f1w~r~__, l •
e% ~
KIMBERLY SMI ,City Clerk and
ex-officio Clerk of the City Council of
the City of Cupertino, California