2015 S-53 SupplementPMcA
(12/15)
CUPERTINO, CALIFORNIA
Instruction Sheet
2015 S-53 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
3,4
13, 14
43, 44
3,4
13, 14
COMPREHENSIVE ORDINANCE LIST
43,44
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
2015 S-53 Supplement contains:
Local legislation current through Ordinance 15-2137, passed 12-1-15
NOLL~Od1IO:J DNIHSI'lHild 'lVD3'l NV:JIB3WV
~l OZ @ .LHDIBA.dO:J
. i ',
'J
2.04.005
CHAPTER 2.04: CITY COUNCIL-ELECTION AND MEETINGS*
Section
2.04.005 Elections
2.04.010 Regular meetings
2.04.020 Special meetings
2.04.025 Emergency meetings
2.04.030 Place of meetings
2.04.040 Vacancy
2.04.050 Term limits
* For statutory provisions regarding the
scheduling of City Council meetings, see Gov.
Code§§ 36805-36809
2.04.005 Elections.
General municipal elections shall he held on the first
Tuesday after the first Monday in November of even-
numbered years to coincide with the statewide general
elections. (Ord. 13-2106, § 4, 2013; Ord. 1697, (part),
passed --1995)
2.04.010 Regular Meetings.
The City Council shall hold regular meetings on the
first and third Tuesdays of each month at six forty-five p.m.
and may adjourn any regular meeting to a date certain,
which shall be specified in the order of adjournment and
when so adjourned, such adjourned meeting shall be a
regular meeting for all purposes. Such adjourned meetings
may likewise be adjourned and any so adjourned meeting
shall be a regular meeting for all purposes.
On regular meeting days, the City Council shall begin
any closed session items at six o'clock p.m.
City Council meetings that fall on legal holidays shall
automatically be moved to the following day.
City Council meetings that fall on any Election
Tuesday in a regular Cupertino election year shall
automatically be moved to the first Monday of the month.
(Ord. 15-2137, § 1, 2015; Ord. 1958, 2005; Ord. 1941,
2004; Ord. 1822, (part), passed --1999; Ord. 1015, passed
--1980; Ord. 978, (part), passed --1980; Ord. 189(a), §I,
passed--1970; Ord. 389, § 3.1, passed--1968)
2.04.020 Special Meetings.
Special meetings may be called at any time by the
mayor or by three members of the City Council by
delivering personally or by mail written notice to each
2015 S-53
3
member of the City Council and to each local newspaper of
general circulation, radio and television station
requestingnotice in writing. The notice shall be delivered
personally or by mail and be received at least twenty-four
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 also 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 he dispensed with as
to any member of the City Council who is actually present
at the meeting at the time it convenes. (Ord. 1697, (part),
passed --1995; Ord. 389, § 3.2, passed --1968)
2.04.025 Emergency Meetings.
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 twenty-four-hour notice requirement or the
twenty-tour-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. (Ord. 1697, (part),
passed --1995)
2.04.030 Place of Meetings.
The regular meetings shall convene in the Council
Chamber, Cupertino Community Hall, 10350 Torre
Avenue, Cupertino, California. All other meetings unless
changed in the written notice of meeting or order of
adjournment shall be held in the Council Chamber of the
Cupertino Community Hall, Cupertino, California. (Ord.
1952, 2004; Ord. 978, (part), passed 1980; Ord. 189, § 1.1,
passed --1968 )
2.04.040 Vacancy.
A. If any vacancy on the City Council occurs other
than by expiration of at term, the City Council shall, at its
option within thirty days from the commencement of the
vacancy, either fill the vacancy by appointment for the
2.04.040 Cupertino -Administration and Personnel
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.
B. Notwithstanding any other provision of this
section, the City Council may appoint any person, otherwise
qualified, to fill a City Council vacancy to hold office only
until the date of a special election which is called to fill the
remainder of the term pursuant to subsection A of this
section.
C. Notwithstanding any other provision of this
section, an appointment shall not he made to fill a vacancy
on the City Council if the appointment would result in a
majority of the members serving on the Council having been
appointed. The vacancy shall be filled in one of the
following ways
1. The City Council may call an election to till the
vacancy to he held on the next regularly established election
date not less than one hundred fourteen days after the call;
2. If the City Council does not call an election
pursuant to subsection B of this section, the vacancy shall be
filled at the next regularly established election date. (Ord.
1697, (part), passed --1995; Ord. 1017, passed --1991;
Ord. 1026, § 1, passed--1980)
2.04.050 Tenn Limits.
The service of city councilmembers shall be limited to
two consecutive elected terms, for a maximum possible time
(appointed and elected combined) of ten years and three
hundred fifty-four days, after which they would not be
eligible for election or appointment to a council seat for four
years. (This section was adopted by a vote of the people
November 4, 1997.) (Ord. 1775, passed --1998)
2014 S-42 Repl.
4
2.12.010
CHAPTER 2.12: INTRODUCTION AND PASSAGE OF ORDINANCES*
Section
2.12.010 Publication.
2.12.020 Time of passage-Reading-Urgency
ordinances-Alterations.
2.12. 030 Resolutions for payment of money-Time
of adoption.
2.12.040 Vote required.
2.12. 050 Effective date.
2.12. 060 Real property description.
2.12.070 Official forms.
* For statutory provisions regarding enactment of
·ordinances, see Gov. Code§§ 36931-36937.
2.12.010 Publication.
Within fifteen days after its passage, the City 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 City or published in a
newspaper of general circulation printed and published in the
County and circulated in the City. (Ord. 1697, (part), 1995;
Ord. 907, 1978; Ord. 578, § 1, 1973; Ord. 389, § 2.1,
1968)
2.12.020 Time of Passage-Reading-Urgency
Ordinances-Alterations.
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 o:i'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. (Ord. 1697, (part), 1995; Ord.
1225, 1983; Ord. 578, § 2, 1973; Ord. 389, § 2.2, 1968)
2015 S-53
13
2.12.030 Resolutions for Payment of Money-Time of
Adoption.
Resolutions or orders for the payment of money shall
be adopted at a regular meeting or at a special meeting for
which notice of such special meeting specifies the business
to be transacted. (Ord. 578, § 3, 1973; Ord. 389, § 2.3,
1968)
2.12.040 Vote Required.
All ordinances, resolutions, and orders for payment of
money, require the votes of at least three Councilmembers
for passage. (Ord. 15-2136, § 1, 2015; Ord. 1219, 1983;
Ord. 389, § 2.4, 1968)
2.12.050 Effective Date.
Ordinances take effect thirty days after their final
passage. An ordinance takes effect immediately, if it is an
ordinance:
A. Relating to an election;
B. For the immediate preservation of the public
peace, health or safety, containing a declaration of the facts
constituting the urgency, and is passed by a four-fifths vote
of the City Council;
C. Relating to street improvement proceedings;
D. Fixing the amount of money to be raised by
taxation, or the rate of taxes to be levied;
E. Covered by particular provisions of law
prescribing the manner of its passage and adoption (Gov.
Code 36937). (Ord. 389, § 2.5, 1968)
2.12.060 Real Property Description.
Resolutions and ordinances containing legal
descriptions of real property shall describe such property in
general terms by a reference to area, streets "bounded by"
and natural boundaries. In addition thereto, there shall be
attached as "Exhibit A" a metes and bounds description and
map. Exhibit "A" shall not be read except on motion duly
made and passed by the majority of the councilmen present.
In the event of discrepancy in the description, the map shall
prevail. (Ord. 389, § 2.6, 1968)
2.12.070 Cupertino -Administration and Personnel
2.12.070 Official Forms.
Resolutions duly adopted as official forms of the City
shall be read by title only. (Ord. 389, § 2.7, 1968)
14
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 foam 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
15-2133
15-2134
15-2135
15-2136
15-2137
2015 S-53
Cupertino -Comprehensive Ordinance List
Amends Ch. 15.32, Water Conservation
(15 .32)
Adds Ch. 2.94, Sustainability
Commission (2.94)
Adds Ch. 16.28, Expedited Permit
Process for Small Rooftop Solar Systems
(16.28)
Amends 11.32.020, 11.32.055,
11.32.070 and 11.32.080 regarding
truck routes and truck access within city
and school zones, (11.32)
Rezoning certain land (Not Codified)
Amends § 2.12.040, ordinance passage
(2.12)
Amends§ 2.04.010, regular meetings
(2.04)
44
(