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2015 S-51 SupplementLAM 8/15 CUPERTINO, CALIFORNIA Instruction Sheet 2015 S-51 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page 1, 2 43, 44 31, 32 TITLE 2: ADMINISTRATION & PERSONNEL 1, 2 73, 74 COMPREHENSIVE ORDINANCE LIST 43,44 INDEX 31, 32 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2015 S-51 Supplement contains: Local legislation current through Ordinance 15-2132, passed 8-4-15 COPYRIGHT © 2015 AMERICAN LEGAL PUBLISHING CORPORATION ) / 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 Recreation Commission 2.40 Disaster Council 2.48 Departmental Organization 2. 52 Personnel Code 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 Design Review Committee 2.92 Bicycle Pedestrian Commission 2.94 Sustainability Commission 2015 S-51 1 Cupertino -Administration and Personnel 2 2.94.010 CHAPTER 2.94: SUSTAINABILITY COMMISSION Section 2.94.010 Established-Composition. 2.94.020 Members-Terms. 2.94.030 Members-Vacancy or removal. 2.94.040 Chairperson. 2. 94. 050 Meetings-Quorum. 2.94.060 Majority vote required. 2.94.070 Records required. 2.94.080 Powers and functions. 2.94.090 Compensation-Expenses. 2.94.100 Procedural rules. 2.94.110 Effect. 2.94.010 Established-Composition. A. The Sustainability Commission of the City of Cupertino is established. The Sustainability Commission (hereinafter referred to in this Chapter as "Commission") shall consist of five members as follows: 1. One representative from a Cupertinocbased business; 2. One representative from a Cupertino-based primary, secondary, or higher educational institution; 3. Three community members. B. Commission members who are representatives of a business or educational institution are not required to be Cupertino residents, but the business and educational institution must be located in Cupertino. The three community members must be residents of Cupertino. C. In selection of community members, the City Council may give priority to: 1. Applicants who represent the target sectors and partners as described in the Cupertino Climate Action Plan (hereinafter referred to in this Chapter as "CAP"). 2. Applicants who are familiar with climate change mitigation and adaptation strategies, greenhouse gas emissions inventories, resource and utility conservation, sustainability and behavior change. 3. Applicants who represent non-profit community organizations and environmental interest groups. D. None of these representatives shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any other member of the Commission, to the City Manager or to any staff person(s) who may be assigned to assist this Commission. 2015 S-51 73 E. Members of the Commission shall be appointed by the City Council. F. The Sustainability Manager, or his or her designee, shall provide technical assistance to the Commission. (Ord. 2132, § 1 (part), 2015) 2.94.020 Members-Terms. A. Commissioners serve at the pleasure of the City Council. The initial term ofoffice of two of the members of the Commission selected from among the community members shall be for two years. The initial term of the remaining Commissioners shall be for a four year period. All subsequent terms shall be for a four year period. All te1ms shall end on January 30th of the year the 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 of the Cupertino City Council. (Ord. 2132, § 1 (part), 2015) 2.94.030 Members-Vacancy or Removal. Any Commissioner may be removed by a majority vote of the City Council. If a vacancy occurs, other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. (Ord. 2132, § l (part), 2015) 2.94.040 Chairperson. The Commission shall elect its chairperson and vice-chairperson from among its members and shall appoint a secretary. Terms of the chair and vice-chair shall be for one year and shall be complete on January 30th. (Ord. 2132, § 1 (part), 2015) 2. 94. 050 Meetings-Quorum. A. The 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. 2.94.050 Cupertino -Administration and Personnel 74 B. A majority of the Sustainability Commission shall constitute a quorum for the purpose of transacting the business of the Commission. C. A special meeting may be called at any time by the chairperson or by a majority of the Commissioners upon notice being given in advance in accordance with the provisions of the Ralph M. Brown Act or successor statute in effect at the time. (Ord. 2132, § 1 (part), 2015) 2.94.060 Majority Vote Required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote. (Ord. 2132, § 1 (part), 2015) 2.94.070 Records Required. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. (Ord. 2132, § 1 (part), 2015) 2.94.080 Powers and Functions. A. The powers and functions of the Commission shall be to serve in an advisory capacity to the City Council to provide expertise and guidance on major policy and programmatic areas related to the environmental, economic and societal goals noted within Cupertino's CAP and General Plan Environmental Resources/Sustainability Element. B. To fulfill their mission, the Commission may involve itself in the following activities: 1. Monitor and update the CAP based upon quantified metrics to measure and evaluate mitigated impacts and community benefits. 2. Suggest recommendations, review, and monitor the City's General Plan Environmental Resources/Sustainability Element and its intersections with the CAP. 3. Advise the City Council how to strategically accelerate Cupertino's progress towards sustainability and recommend priorities to promote continued regional leadership in sustainability. 4. Periodically review policies governing specific practices and programs, such as greenhouse gas emissions reduction, water conservation, renewable energy, energy efficiency, materials management, and urban forestry. Illustrative examples include creation of infrastructure for low emissions vehicles, installation of renewable energy or energy efficiency technologies, drafting of water conservation or waste reduction policies, delivery of habitat restoration and conservation programs, design and roll-out of pollution prevention campaigns, etc. 2015 S-51 5. Make recommendations regarding the allocation of funds for infrastructure and technology improvements to elevate operational performance of City facilities, businesses, educational institutions and homes by reducing costs, improving public health, and serving community needs. 6. Accept public input on the subject areas noted above and advise the City Council on ways to drive community awareness, behavior change, education and participation in City programs modeled upon the field's best practices. 7. Review and make recommendations to the City Council on Federal, State and regional policies related to sustainability that have the potential to impact City Council's goals and policies. 8. Pursue any other activity or scope that may be deemed appropriate and necessary by the City Council. (Ord. 2132, § 1 (part), 2015) 2.94.090 Compensation-Expenses. Members of the Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. (Ord. 2132, § 1 (part), 2015) 2.94.100 Procedural Rules. The 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 kept on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request. (Ord. 2132, § 1 (part), 2015) 2.94.110 Effect. Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. (Ord. 2132, § 1 (part), 2015) 43 Comprehensive Ordinance List Ord. No. Ord. No. 13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050, regarding acceptance of public 11.27.145 regarding designation of improvements (14.04, 18.32) preferential parking zones around the 13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza (11.27) encroachments and use of city rights-of-14-2119 Rezoning certain land (Not Codified) way (14.08) 14-2120 Amends 11. 08. 250 regarding 13-2111 Amends 14.12.120 regarding condition designated bicycle lanes ( 11. 08) for development or building permit 14-2121 Amends 10.56.020, 10.90.010, (14.12) 10.90.020, 10.90.040, and 10.90.050, 13-2112 Rezoning certain land (Not Codified) regarding outdoor smoking (10.56, 13-2113 Rezoning certain land (Not Codified) 10.90) 13-2114 Approving development agreement 14-2122 Amends 9.17.130 regarding single-use between city and Apple, Inc.; repeals carryout bags (9 .17) Ord. 1702 (Special) 14-2123 Adds 2. 08.145 regarding City Council 13-2115 Amending Ch. 16; adding Ch. 16.02, review (2. 08) Administrative Code; repealing and 14-2124 Rezoning certain land (Not Codified) replacing Ch. 16.04, Building Code; 14-2125 Adding Ch. 13.08, park land repealing and replacing Ch. 16.06, dedication, amending Ch. 18.24, Residential Code; repealing and dedications and reservations, Ch. replacing Ch. 16.12, Soils and 19.08, definitions, Ch. 19.12, Foundations -Subdivisions; repealing Administration, Ch. 19.20, permitted, and replacing Ch. 16.16, Electrical conditional, and excluded uses in Code; repealing and replacing Ch. agricultural and residential zones, Ch. 16.20, Plumbing Code; repealing and 19.56, density bonus, Ch. 19.76, replacing Ch. 16.24, Mechanical Code; Public Buildings (BA), Quasi-Building repealing Ch. 16.32, Swimming Pools; (BQ) and Transportation (T) zones, amends 16.36.010, 16.36.020, Ch. 19.80, Planned Development (P) 16.36.030, 16.36.040, 16.36.050, zones, Ch. 19.84, Permitted, 16.36.070, 16.36.120 regarding conditional and excluded uses in Open relocation of buildings; repealing Space, Park and Recreation and 16. 36.130 regarding violations-penalty Private Recreation zoning districts, for moving buildings; repealing and Ch. 19.144, development agreements, replacing Ch. 16.40, Fire Code; adding Ch. 19 .172, below market rate amends 16.54.010 regarding adoption of housing program (13.08, 18.24, 19.08, Energy Code; amends 16.58.010, 19.12, 19.20, 19.56, 19.76, 19.80, 16.58.015, 16.58.040, 16.58.100 19.84, 19.144, 19.172) regarding the Green Building Standards 14-2126 Amends Ch. 14.18 regarding tree Code (16.02, 16.04, 16.06, 16.12, removal (14.18) 16.16, 16.20, 16.24, 16.32, 16.36, 15-2127 Amends 2.36.030, 2.36.0070, 16.40, 16.54, 16.58) 2.36.080 and 2.36.090 regarding the 14-2116 Adds 9.15.100, 9.15.110, 9.15.120, City Park and Recreation Commission 9.15.130, 9.14.140, prohibiting use of (2.36) polystyrene foan1 disposable food 15-2128 Amends 11.32.010 and adds 11.32.055 service ware (9.15) regarding truck access to streets in 14-2117 Adds 16.58.400 and 16.58.420 to Ch. school zones (11.32) 16.58, Green Building Standards Code; 15-2129 Amends Ch. 2.40, Disaster Council amends 1.08.010, 1.08.020, 1.08.030 (2.40) regarding right of entry for inspection 15-2130 Amends Ch. 6.24, Garbage, Non- (16.58, 1.08) Organic Recycling and Organic Waste Recycling Collection and Disposal; amends Ch. 9.16, Solid Waste, Non-Organic Recycling and Recycling Areas (6.24, 9.16) 2015 S-49 Ord. No. 15-2131 15-2132 2015 S-51 Cupertino -Comprehensive Ordinance List Amends Ch. 15.32, Water Conservation (15.32) Adds Ch. 2.94, Sustainability Commission (2.94) 44 / 31 use 18.36.020 recordation 18.36.070 School land dedication exemptions 18. 24 .170 payment to subdivider 18.24.160 procedure 18.24.150 required 18.24.140 tent map requirements See Tent map Sewer system 18.32.050 Soils report See Final map Storm drainage 18.32.030 Street improvement, reimbursement See STREET IMPROVEMENT dedication 18.24.010 direct access waiver 18.24.230 Tentative map See also Map amendments to approved tentative map 18.16.110 action of city council 18 .16. 070 action of community development director 18.16.040 notice of public hearings 18.16.040 action of planning commission recommending approval 18.16.050 recommending denial upon certain findings 18. 16. 060 required findings 18 .16. 050 department of community development action 18.16.030 expiration 18. 16.090 extension of time for planning commission or city council action 18. 16.080 extensions 18.16.100 form and contents 18.16.010 submittal to department of community development 18.16.020 Tentative parcel map See also Map amendments See Map appeals 18.20.060 appeals of decisions 18.20.070 procedure 18.20.070 approval 18.20.040 required findings 18. 20. 040 denial upon certain findings 18.20.050 department of community development, submittal to 18. 20. 020 expiration and extensions 18. 20. 080 form and content 18.20.010 2015 S-51 Index review and notice of public hearings 18.20.030 Utility undergrounding 18.32.070 Variance permitted when 18.04.050 Vesting tentative map See also Map Violation applicability of provisions 18.28.030 expiration 18. 28. 060 consistency 18.28.020 fees 18.28.050 filing, processing requirements 18.28.040 generally 18.28.010 vesting 18.28.070 certificate of noncompliance See Compliance remedies 18. 48. 020 Warranty security See Improvement security Water system 18.32.060 SURPLUS PROPERTY See EQUIPMENT, SURPLUS, SALE SUSTAINABILITY COMMISSION Chairperson 2.94.040 Compensation-Expenses 2.94.090 Effect 2.94.110 Established-Composition 2. 94. 010 Majority vote required 2.94.060 Meetings-Quorum 2.94.050 Members-Terms 2.94.020 Members-Vacancy or removal 2.94.030 Powers and functions 2.94.080 Procedural rules 2.94.100 Records required 2.94.070 SWIMMING POOL 16.04.400 SWINE See ANIMAL --T -- TAVERN See RESTAURANT TAX See Specific Tax TAX ADMINISTRATOR Defined 3.12.020 Transient occupancy tax records access 3.12.110 unreported, determination, notice of hearing 3.12.090 TAX COLLECTOR Storm drainage service charge collection duties 3.36.080 TAXICAB Administrative authority 5.28.015 Appeal 5.28.185 Business license See also BUSINESS LICENSE fee 5.04.430 Definitions 5.28.010 Direct route 5. 28. 190 Driver permit application, issuance 5. 28 .165 denial 5.28.170 employment termination 5.28.175 required 5. 28. 160 suspension, revocation 5. 28 .180 Fare schedule adoption 5.28.030 posting 5. 28. 050 Liability policy bond 5.28.150 cancellation, notice 5. 28. 140 required 5.28.120 requirements 5. 28 .130 Overcharge, restitution 5.28.210 2013 S-41 Cupertino -Index Permit application 5. 28. 070 denial 5 . 28. 080 driver See Driver permit for additional, substitute vehicles 5.28.110 required 5. 28. 060 revocation, suspension 5.28.100 term 5.28.090 Refusal of service prohibited 5.28.200 Taximeter operation 5. 28. 040 required 5. 28. 020 Vehicle numbering 5.28.045 Violation, penalty 5.28.220 TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION Budget 2.74.070 Effect of provisions 2. 74.080 Established 2.74.010 Meetings, staff, officers, quorum 2. 74.040 Member term 2.74.020 vacancy filling 2.74.030 Powers, duties 2.74.060 Recordkeeping 2. 7 4. 050 TELECOMMUNICATION USERS' TAX Actions to collect 3.35.100 Additional powers and duties of the Tax Administrator 3.35.130 Administrative remedy -non-paying service users 3.35.120 Adoption 3.35.020 Appeals 3.35.160 Bundling taxable items with non-taxable items 3.35.060 Collection penalties -service suppliers 3.35.090 Constitutional, statutory, and other exemptions 3.35.040 Deficiency determination and assessment -tax application errors 3. 35 .110 Definitions 3.35.030 Duration 3.35.230 Duty to collect -procedures 3.35.080 Effect of state and federal reference/ authorization 3. 35 .190 Independent audit of tax collection, exemption, remittance, and expenditure 3. 35. 200 Interaction with prior tax 3. 35. 210 No injunction/writ of mandate 3.35.170 Notice of changes to ordinance 3.35.180 32