2012 S-34 CUPERTINO, CALIFORNIA
Instruction Sheet
2012 S-34 Supplement
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Title Page Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
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23, 24 23, 24
Comprehensive Ordinance List
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Index
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PDJ - 6/27/12
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2012 S-34 Supplement contains:
Local legislation current through Ordinance 2096, passed 6-4-12
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
2.18.010
CHAPTER 2.18: CITY ATTORNEY
Section
2.18.010 Office of the City Attorney established. C. Prepare and/or approve all ordinances,
2.18.020 Function and duties. resolutions, agreements, contracts, and other legal
2.18.030 Council-Attorney relations. instruments as shall be required for the proper conduct of
2.18.040 Attorney-staff relations. the business of the City and approve the form of all
2.18.050 Relations between Attorney and individual contracts, agreements, and bonds given to the City;
members of the public. D. Provide the necessary legal services required in
2.18.060 Bond. connection with the acquisition of land or easements on
2.18.070 Acting City Attorney. behalf of the City;
2.18.080 Agreements on employment. E. Subject to the general direction of the Council,
2.18.090 Assistants and employees. prosecute and defend the City, and all boards, officers and
2.18.100 Eligibility. employees in their official capacities, all civil proceedings
2.18.110 Suspension-Removal-Resignation, before judicial and quasi-judicial tribunals. The City
Attorney shall not compromise, settle or dismiss any action
for or against the City without permission of the City
2.18.010 Office of the City Attorney Established. Council. Nor shall the City Attorney commence any civil
A. The office of the City Attorney, as set forth in action without the permission of the Council.
Government Code Section 36505, is established. The City F. Prosecute all violations of City ordinance;
Attorney shall be appointed by the City Council wholly on provided,however, that the City Attorney is not required to
the basis of his or her qualifications. The City Attorney prosecute any misdemeanor or infraction within the City
shall hold office for and during the pleasure of the City arising out of a violation of State law. (Ord. 1673, § 1
Council. (part), 1994)
B. The office of the City Attorney shall consist of
the City Attorney and such assistants as may be authorized 2.18.030 Council-Attorney Relations.
by the Council. Individual Councilmembers may seek and obtain legal
C. The City Attorney shall administer the office, be advice from the City Attorney on any matter or matters
responsible for the successful performance of its functions, pertaining to the legal position of the City. Any such advice
and shall serve under the direct supervision and control of given to individual Councilmembers, however, may be
the Council as its legal advisor, repeated to the entire Council at any regular or special
D. The Council may retain or employ other Council meeting. With respect to advice to individual
attorneys, assistants,or special counsel as may be needed to Councilmembers regarding potential conflicts of interest,the
take charge of any litigation or legal matters or to assist the City Attorney may render informal advice; provided,
City Attorney therein. (Ord. 1673, § 1 (part), 1994) however, that it is understood that a Councilmember is
automatically protected from potential liability for conflict
2.18.020 Function and Duties. of interest only upon taking action which conforms to a
The functions of the office of the City Attorney shall written opinion issued by the California Fair Political
be to: Practices Commission. (Ord. 1673, § 1 (part), 1994)
A. Advise the Council and all City officers in all
matters pertaining to their offices; 2.18.040 Attorney-Staff Relations.
B. Furnish legal services at all meetings of the Periodically, but not less than once per year, the City
Council, except when excused or disabled, and give advice Attorney and the City Manager will meet and confer in good
or opinions on the legality of all matters under consideration faith regarding the allocation of the City Attorney's time
by the Council or by any of the boards, commissions, among City departments. (Ord. 2033, § 1,2008;Ord. 1673,
committees or officers; § 1 (part), 1994)
2009 S-19 17
2.18.050 Cupertino-Administration and Personnel 18
2.18.050 Relations Between Attorney and Individual 2.18.110 Suspension-Removal-Resignation.
Members of the Public. A. The removal of the City Attorney shall be only on
Consistent with the functions and duties of the City a majority vote of the entire City Council.
Attorney's office described in Section 2.18.020 of this B. The City Attorney may resign from his or her
chapter, the City Attorney or the Assistant City Attorney position upon at least four weeks' written notice to the City
may, but is not required, to meet or discuss any matter with Council. (Ord. 2096, 2012; Ord. 1673, § 1 (part), 1994)
individual members of the public, legal counsel, or the
media. (Ord. 1673, § 1 (part), 1994)
2.18.060 Bond.
The City Attorney shall furnish a corporate surety bond
to be determined and approved by the City Council, and
shall be conditioned upon the faithful performance of the
duties imposed upon the City Attorney as prescribed in this
chapter. Any premium for such bond shall be a proper
charge against the City. (Ord. 1673, § 1 (part), 1994)
2.18.070 Acting City Attorney.
A. The Assistant City Attorney shall serve as City
Attorney pro tempore during any temporary absence or
disability of the City Attorney.
B. In the event there is no Assistant City Attorney,
the Council shall appoint a qualified attorney to act as City
Attorney pro tempore. (Ord. 1673, § 1 (part), 1994)
2.18.080 Agreements on Employment.
The terms and conditions of employment of the City
Attorney shall be established by ordinance or resolution. If
the City Attorney is a full time employee, any employment
agreement between the City and the City Attorney shall
contain a provision for performance evaluations of the City
Attorney to be conducted by the City Council at least once
per calendar year. If the City Attorney is an independent
contractor, the City Council shall endeavor to provide
periodic feedback regarding the performance of the
independent contractor. (Ord. 2040 § 1, 2009; Ord. 2033
§ 2, 2008; Ord. 1673, § 1 (part), 1994)
2.18.090 Assistants and Employees.
Notwithstanding the provision of Section 2.52.100 of
the Municipal Code, but subject to the other applicable
provisions of Chapter 2.52,the City Attorney shall appoint,
discipline and remove all assistants,deputies,and employees
under his or her authority. (Ord. 1673, § 1 (part), 1994)
2.18.100 Eligibility.
No person elected or appointed as a Council-person of
the City shall, subsequent to taking office as Councilperson,
be eligible for appointment as City Attorney until one year
has elapsed after the Councilmember has ceased to be a
member of the City Council. (Ord. 1673, § 1 (part), 1994)
2012 S-34
2.28.010
CHAPTER 2.28: CITY MANAGER*
Section
2.28.010 Office created. chapter. In addition to his or her general powers as Chief
2.28.020 Reserved. Administrator, and not as a limitation thereon, he or she
2.28.030 Eligibility-Bond. shall have the powers and duties set forth in the following
2.28.040 Powers and duties. subsections:
2.28.050 Council-Manager relations. A. To see that all laws and ordinances of the City are
2.28.060 Attendance at commission meetings. duly enforced and that all franchises, permits, licenses and
2.28.070 Temporary absence. privileges granted by the City are faithfully performed and
2.28.080 Compensation-Reimbursement. observed;
2.28.090 Suspension-Removal-Resignation. B. To control, order and give directions to all
directors of departments and to subordinate officers and
* For statutory provisions regarding the city employees of the City under his or her jurisdiction through
manager form of government, see Gov. Code their department directors, and to transfer employees from
§§ 34851--34859. one department to another;
C. The services and facilities of the City Treasurer
and the City Attorney shall be made available to the City
2.28.010 Office Created. Manager to the same extent and in the same manner that the
The office of City Manager is created and established. services are available to the City Council;
The City Manager shall be appointed by the City Council or.. D. To appoint, discipline and dismiss any and all
the basis of his or her experience, administrative and officers and employees of the City except those elected by
executive ability. He or she shall hold office at and during the electors of the City or whose appointment or dismissal
the pleasure of the City Council. (Ord. 1697, (part), 1995; is denied to the City Manager under the laws of the state;
Ord. 106, § 1, 1959) provided, however, that he or she shall not have the power
to remove or dismiss a department director until such person
2.28.020 Reserved. has been notified in writing by the City Manager of his or
her intention to remove him at least fifteen days before the
2.28.030 Eligibility-Bond. effective date of his removal. Within ten days after
A. No person elected or appointed as a councilman receiving such notice, a department director may request a
of the City shall, subsequent to taking office as councilman, closed hearing before the City Council, at which hearing he
be eligible for appointment as City Manager until one year shall have an opportunity to answer the reasons given for his
has elapsed after the Council member has ceased to be a removal. "Department director," as used in this paragraph,
member of the City Council. includes the Director of Administrative Services, the
B. The City Manager shall furnish a corporate surety Director of Community Development,the Director of Public
bond to the City conditioned upon the faithful performance Works,the Director of Parks and Recreation,the City Clerk
of his or her duties in the penal sum to be fixed by the City and such other department directors as may be established in
Council. The premium for the bond shall be paid by the the future by the City Council. At the hearing, the City
City. (Ord. 1697, (part), 1995; Ord. 106, § 3, 1959) Council can overrule the action of the City Manager only by
the affirmative vote of four members.
2.28.040 Powers and Duties. The power to appoint given in the preceding paragraph
The City Manager shall be the administrative head of does not include the power to create a new position except
the City government acting under the direction and control as provided under Chapter 2.52;
of the City Council except as otherwise provided in this
23
2012 S-34
2.28.040 Cupertino-Administration and Personnel 24
E. To attend all meetings of the City Council unless the City Council,upon his own volition or upon direction of
excused therefrom by the City Council; the City Council. At any such meetings at which the City
F. To recommend to the City Council for adoption Manager attends, he or she shall inform the members as to
such measures and ordinances as he or she deems necessary the status of any matter being considered by the City
or expedient; Council. He or she shall cooperate fully with the members
G. To keep the City Council at all times fully advised of all commissions, board or committees appointed by the
as to the financial conditions and needs of the City; City Council. (Ord. 1697, (part), 1995; Ord. 106, § 6,
H. To prepare and submit to the City Council the 1959)
annual budget and to administer it after adoption;
I. To purchase or cause to be purchased all supplies 2.28.070 Temporary Absence.
for all of the departments or divisions of the City. No In the event of the temporary absence or disability of
expenditures shall be submitted or recommended to the City the City Manager, the City Council may designate some
Council except on report and approval of the City Manager; duly qualified person to perform the duties of City Manager
J. To make investigation into the affairs of the City during the period of his or her absence or disability. (Ord.
and any department or division thereof and any contract or 1697, (part), 1995; Ord. 106, § 7, 1959)
the proper performance of any obligation running to the
City; 2.28.080 Compensation-Reimbursement.
K. To investigate all complaints in relation to matters A. The compensation of the City Manager, as well
consuming the administration of the government of the City as provisions for his vacation time shall be determined by
and in regard to the services maintained by public utilities in resolution of the City Council.
the City and to see that all franchises,permits and privileges B. The City Manager shall be reimbursed for all
granted by the City are faithfully observed; legitimate expenses paid by him in the conduct of City
L. To execute general supervision over all public business, including traveling expenses outside the City
buildings, public parks, streets and other public property limits. (Ord. 106, § 8, 1959)
which are under the control and jurisdiction of the City
Council; 2.28.090 Suspension-Removal-Resignation.
M. To devote his or her entire working time,thought A. The removal of the City Manager shall be only
and energy to the duties and interests of the City; upon a majority vote of the City Council.
N. To receive and open all .official mail and B. The City Manager may resign from his or her
communications addressed either to the Mayor or to the City position upon at least four weeks' notice in writing given to
Council; the City Council. (Ord. 2093, 2012; Ord. 1697, (part),
O. To make reports and initiate recommendations as 1995; Ord. 106, § 9, 1959)
may be desirable or as requested by the City Council;
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. (Ord. 1697, (part), 1995; Ord. 705, § 1, 1975;
Ord. 106, §4, 1959)
2.28.050 Council-Manager Relations.
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
City 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 [Chapter 2.30 begins on Page 27]
City Manager. (Ord. 1697, (part), 1995; Ord. 106, § 5,
1959)
2.28.060 Attendance at Commission Meetings.
The City Manager may attend any and all meetings of
any commission or board heretofore or hereafter created by
2012 S-33
41 Comprehensive Ordinance List
Ord. No. Ord. No.
2078 Amending 11.20.030 regarding required 2088 Stormwater pollution prevention and
stops at certain intersections (11.20) watershed protection -Amends entirety
2079 Amending Single-Family Residential of Ch. 9.18, repeals former sections
(R1) Zones (19.28) (Repealed by Ord. 9.18.050, 9.18.130, 9.18.140, adds
2085) new sections 9.18.015, 9.18.115,
2080 Electing and implementing participation 9.18.130, 9.18.195 (9.18)
in the voluntary alternative development 2089 Amending Chapter 3.12.030 increasing
program(Not codified) the transient occupancy tax rate (3.12)
2081 Amends 2.08.080 and 2.080.090 2090 Rezoning certain land (Not codified)
regarding City Council rules and 2091 Amending 11.08.250 relating to
conduct of meetings (2.08) bicycle lanes (11.08)
2082 Amends 11.20.020 regarding vehicular 2092 Amends Ch. 14.12, trees (14.12)
stops at certain intersections (11.20) 2093 Amends 2.28.090; deletes 2.28.020,
2083 Amends 19.60.010, 19.60.080, City Manager (2.28)
19.60.090, 19.60.100 related to the 2094 Amends 6.24.020 and 6.24.300; adds
streamlining and codification of ML-rc 6.24.035 regarding garbage and
(19.60(Repealed by Ord. 2085)) recycling collection and disposal (6.24)
2084 Rezoning certain land (Not codified) 2095 Amends Ch. 9.06, massage
2085 Amends Ch. 2.90; adds Ch. 9.16; establishments and services (9.06)
amends Ch. 14.18; amends 2096 Amends 2.18.110, City Attorney
§ 16.08.200; amends Title 18, Ch. (2.18)
18.04, 18.08, 18.12, 18.16, 18.20,
18.24, 18.28, 18.32, 18.36, 18.40,
18.44, 18.48, 18.52, 18.56; amends
Title 19, Ch. 19.04, 19.08, 19.12,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.48, 19.52,
19.56, 19.60, 19.64, 19.68, 19.72,
19.76, 19.80, 19.84, 19.88, 19.92,
19.96, 19.100, 19.104, 19.108, 19.112,
19.116, 19.120, 19.124, 19.128,
19.132, 19.136, 19.140, 19.144,
19.148, 19.152, 19.156, 19.160,
19.164, 19.168; repeals Title 17 (2.90,
9.16, 14.18, 16.08, 18.04, 18.08,
18.12, 18.16, 18.20, 18.24, 18.28,
18.32, 18.36, 18.40, 18.44, 18.48,
18.52, 18.56, 19.04, 19.08, 19.12,
19.16, 19.20, 19.24, 19.28, 19.32,
19.36, 19.40, 19.44, 19.48, 19.52,
19.56, 19.60, 19.64, 19.68, 19.72,
19.76, 19.80, 19.84, 19.88, 19.92,
19.96, 19.100, 19.104, 19.108, 19.112,
19.116, 19.120, 19.124, 19.128,
19.132, 19.136, 19.140, 19.144,
19.148, 19.152, 19.156, 19.160,
19.164, 19.168)
2086 Amending the zoning map (Not
codified)
2087 Amending the Heart of the City Specific
Plan (Not codified)
2012 S-34
17 Index
HOUSING COMMISSION LANDSCAPING
Chairperson, vice-chairperson, selection, term Applicability 14.15.020
2.86.050 Audit of existing landscapes larger than
Compensation 2.86.070 One acre 14.15.100
Effect of provisions 2.86.130 Definitions 14.15.030
Established, composition 2.86.010 Intent 14.15.010
Meetings Landscape and irrigation maintenance 14.15.090
See also Procedural rules Landscape installation report 14.15.080
regulations generally 2.86.060 Landscape project submittal 14.15.040
voting, requirements 2.86.080 Penalties 14.15.120
Members Public education 14.15.110
See also Specific Subject Soil analysis 14.15.070
selection, qualifications, residency 2.86.020 Water budget calculation 14.15.060
Power, duties, responsibilities generally 2.86.100 Water-efficient design element 14.15.050
Procedural rules 2.86.120
Recordkeeping, requirements 2.86.090 LIBRARY COMMISSION
Staff assistance 2.86.110 Compensation 2.68.050
Term of office 2.86.030 Duties, powers, responsibilities 2.68.070
Vacancy, filling 2.86.040 Effect 2.68.080
Established 2.68.010
--I-- Meetings, quorum 2.68.040
Records 2.68.060
IMPROVEMENTS, STREET Term of office 2.68.020
See STREET IMPROVEMENT Vacancy, removal 2.68.030
INSPECTION LICENSE
Exemption from provisions 1.08.020 See also PERMIT
Notification of rights 1.08.030 Bicycle 11.08.020
Warrant required 1.08.010 Bingo 5.32.270
Business
See BUSINESS LICENSE
Cat 8.08.350
JUNKYARD Commercial advertising 10.52.060
Business license Dog 8.08.260
See also BUSINESS LICENSE
fee 5.04.350 LIQUOR
Alcoholic beverages, gasoline concurrent sales
appeals 19.132.070
applicability of provisions 19.132.020
KENNEL conditional use permit
See ANIMAL findings, basis 19.132.050
grant criteria 19.132.030
hearing 19.132.040
purpose of provisions 19.132.010
LAND DEVELOPMENT PLANNING restrictions generally 19.132.060
See also ZONING Consumption, open container possession
Specific plans prohibitions 10.49.010
applicability 20.04.020 Violation, penalty 10.49.020
contents 20.04.050
fees 20.04.060 LOADING ZONES
preparation, adoption, amendment, repeal See PARKING
20.04.030
purpose 20.04.010
zoning district designation 20.04.040
2012 S-31
Cupertino- Index 18
-- M -- Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
MANAGER, CITY License, permit
Abandoned, inoperative vehicle See also MTO certificate, Permit
enforcement 11.04.040 application 9.06.050
removal authority 11.04.061 documentation 9.06.055
storage notice 11.04.130 fee 9.06.060
Animal control grounds for denial 9.06.070
administrative authority 8.01.040 expiration and renewal 9.06.065
seizure hearing 8.06.040 required 9.06.040, 9.06.041
Approved street tree enforcement 14.16.080 suspension or revocation
Bicycle appeals 9.06.220
enforcement 11.08.030 grounds 9.06.200
lanes designation 11.08.250 hearing 9.06.210
license issuance 11.08.040 notice 9.06.210
Bingo, provisions administration 5.32.170 MTO certificate
Clerk, city, appointment 2.20.100 See also License, permit, Permit
Commission meetings, attendance 2.28.060 required 09.06.041
Compensation, reimbursement 2.28.080 Operating requirements 9.06.193
Created 2.28.010 Permit
Departmental organization authority 2.48.030 See also License, permit, MTO certificate
Director of emergency services 2.40.050 massage establishment employees
Eligibility, bond 2.28.030 permit requirements 9.06.080
Encroachment permit issuance 14.08.040 massage therapist
Garage, patio sale enforcement authority 5.16.060 annual medical examination 9.06.160
Grocery store enforcement authority 5.36.060 criteria 9.06.110
Park and/or building permit issuance 13.04.040 practical examination 9.06.120
Parks administration 13.04.220 outcall massage
Pedestrian regulations administration 11.09.020 application 9.06.180
Powers, duties 2.28.040 criteria 9.06.190
Relations with council 2.28.050 Prohibited acts 9.06.198
Sales and use tax, alternate, collection 3.09.050 Purpose of provisions 9.06.010
Solicitor Sanitary conditions 9.06.196
administrative authority 5.20.100 Violation
identification permit continuing 9.06.260
application investigation 5.20.020 alternative remedies 9.06.260
revocation, duties 5.20.070 penalty 9.06.250
Street tree enforcement 14.12.040 public nuisance 9.06.240
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090 MAYOR
Taxicab driver license suspension, revocation Board of appeals appointment 16.04.020
5.28.180 Disaster council chairman 2.40.030
Temporary absence, replacement 2.28.070 Electrical board of appeals appointment 16.16.130
Traffic Employees' retirement system execution 2.56.020
speed limit signing 11.12.040
stop intersection signing 11.20.040 MECHANICAL CODE
Water Adopted 16.24.010
department duties 15.12.090 Adoption of appendix chapters 16.24.015
provisions enforcement 15.12.050 Amendments
Section 310.1 16.24.030
MASSAGE ESTABLISHMENTS, SERVICES Table No. 1-A 16.24.070
Conditions of premises 9.06.196 Appeals 16.24.060
Definitions 9.06.020 Condensate wastes 16.24.030
Name substitution 16.24.020
Permit fees 16.24.070
Violation, penalty 16.24.080
2012 S-34