Ordinance No. 1722
AN ORDINANCE OF THE CITY Of CUPERTINO. AMENOING TITLE TWO. TITLE
THREE, TITLE FIVE, TITLE SIX AND TITLE NJNE OF THE CUPERTINO MUNICIPAL
COOE FOR THE pURPOSE OF CONFoRMING THE PROVISIONS OF THE CODE TO THE
REQUIREMENTS OF ST ATE AND FEDERAL LAW, CONFoRMING THE PROVISIONS OF
THE eOOE TO BE CONSISTENT WITH PRESENT efrY PMerrCES, ELJWNATING
REDUNDANT AND OBSOLETE PROVISIONS, CLARlFYlNO OLD PROVISIONS WITH
NEW LANGUAGE, AND CGNSGUDATING AND STREAML1N1NG VARIOUS
PROVISIONS.
ORDINANCE NO.
1722
THE CITY COUNCIL OF THE CITY OF CUPERTINO. CALIFORNIA, DOES ORDAIN AND
ENACT THE FOLLOWING:
The title to Chapter 2.74 is hereby amended to read as follows:
CUPERTINO TELECOMMUNICATIONS COMMISSION
Section 2.74.010 is hereby amended to read as follows:
Th< T",oommuniomi'M commi"¡oo (fonn"" C,bl' Td""'oOO A"""'" C""",it"', of tho
City) " _bli""" "'" """ co,",,, ,f fi~ mom"'" {rom on'"' "" ,mùlft'" "oct"" 0"'"
City, 0000 of whom """, "" offi"'" m -'oy'" of "'" City, om ooMbit wid>, m defiool by
law, nor be related by blood or marriage to any member of the Commission, the City Manager
~ tho "'" -",) "",gn"" ill ""' Commi~ion. Mom- of tho Td=mrouciortioM
commission shall be appointed by the City Council.
Section 2.74.020A is hereby amended to read as follows:
A. Commissioners serve at the pleasure of the City Council. The term of office of the members
of '" Td~omm~¡"tiow C-¡,,;on .wt be fo< fo~ yo<' """ ,¡"It end on JmwmY IS'" of
... ,eM tbci< """ i, duo "' """ire. N, """"""',~ ,¡,,}, """ more <huo t~ ".-uti"
.."'" ~"", "'" " oomnri"'"~' "'" reNO ~" ,... "'" """"""", ","'" "bo m "" '"
been appointed to the Commission to fill an unexpired term of less than twO years.
Section 2.74.040 is hereby amended to read as follows:
A. "'" T""""",,@i,,""" Co_"'on ""'" bold ",gulM - """, 0"'" """ -
roo",", ",d '" tho di="" of tho of tho Co_""o" ""'1 hold oth~ ro~ ~ =y ..
necessary or expedient. A majority of the Commission shall constitute a quorum for the purpose
of transacting the business of the Commission.
B. The Commission shall elect a chairperson and a vice chairperson, both of whom shall serve
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at the pleasure of the Commission. The terms of office shall be for one year.
C. The City Manager shall appoint a staff member to attend Commission meetings and to provide
liaison and support as needed.
D. The Foothill-De Anza Community College District shall appoint a staff member to attend
Commission meetings and to provide liaison and support as needed.
Section 2.74.050 is hereby amended to read as follows:
The Telecommunications Commission shall keep an accurate record of its proceedings and
transactions, and through the Public Information Officer shall render such reports to the City
Council as may be required. Commission proceedings shall be public record and a copy of which
shall be filed with the City Clerk.
Section 2.74.060 is hereby amended to read as follows:
The Cupertino Telecommunications Commission shall have the following duties, powers and
responsibilities, and such others as the members shall be entrusted with by the City Council from
time to time. The commission shall:
I. Advise the City Council on all matters relating to telecommunications within the city
of Cupertino;
2. Evaluate compliance with any franchise or other agreement between the City and a
telecommunications provider and make recommendations to the City Council;
3. Conduct periodic reviews of telecommunication providers, facilities and products and
make recommendations on such subjects to the City Council;
4. Recommend amendments to the city's Telecommunications Policy to the City Council;
5. Serve as a liaison between the City, the public and the telecommunications providers
in enhancing information and education. Such activities include providing an opportunity for
input to residents and telecommunications providers and distributing non-commercial, educational
materials about telecommunication services;
6. At the request of the City Manager, provide assistance in examining methods to obtain
equivalent franchise fees or other economic benefits from service providers;
7. Provide support for community access television, especially public and educational
access, and give guidance when needed for development and implementation of access channels
and programming;
8. Recommend ways to foster the City's best use of telecommunications infrastructure
for the benefit of the community.
Section 2.74.070 is hereby amended to read as follows:
The Telecommunication Commission shall submit an annual budget to the City Council
for its review and approval. AI! expenditures require the approval of the City Manager or his
designee. Any grants for program production or other purposes require the approval of the City
Council.
Section 2.74.080B is hereby repealed.
Section 2.86 is hereby amended to read as follows:
2.86 HOUSING COMMITTEE
Section 2.86.010 is hereby amended to read as follows:
A. The Housing Committee of the City is established. The Housing Committee shall
consist of five members as follows:
Representative ITom a Cupertino financial institution,
Representative from a Cupertino business,
Two community members,
City's appointed representative to the Santa Clara County Community Development Block
Grant (CDBG) Citizens Advisory Committee.
B. The representatives from a financial institution and a business, the community
members, and the City's representative to the County CDBG Citizens Advisory Committee shall
not be officials or employees of the City, nor cohabit with, as defined by law, nor be related by
blood or marriage, to any member of the Committee, the City Manager or the staff person(s)
assigned to this Committee.
C. The Director of Community Development shall be a nonvoting member of the
Housing Committee and shall provide technical assistance to the Committee.
Section 2.86.020 is hereby amended to read as follows:
A. Housing Committee members who are representatives of a financial institution or
a business are not required to be Cupertino residents, but the financial institution and the business
represented must be located in Cupertino. The two community members and the City's appointed
representative to the Santa Clara County CDBG Citizens Advisory Committee must be residents
of Cupertino.
B. In selection of community members, the City Council may give priority to:
I. Applicants who are familiar with the operation of low income housing;
2. Applicants who represent community organizations; and
3. Applicants who are knowledgeable about the housing needs of groups targeted for
affordable housing development which include, but are not limited to, the following:
Seniors,
Single parent families,
Homeless persons,
Families of low income,
Disabled persons,
Renters,
First time homebuyers.
Section 2.86.030 is hereby amended to read as follows:
A. Housing Committee members serve at the pleasure of the City Council. The term
of office of the members of the Housing Committee shall be for four years commencing on the
date of their respective appointments to the Housing Committee or its predecessor Committee and
shall end on January 15th of the year their terms are due to expire. No member shall serve more
than two consecutive terms except that a member may serve more than two consecutive terms
if he or she has been appointed to the Committee to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Housing Committee are governed by Resolution No. 8357 of the Cupertino City Council.
Section 2.86.060 is hereby amended to read as follows:
A. The Housing Committee shall establish a regular time and place of meeting and
rules of conduct thereof and shall hold at least one regular meeting each quarter.
B. A majority of the Housing Committee shall constitute a quorum for the purpose
of transacting the business of the Committee.
Section 2.86.070 is hereby amended to read as follows:
Members shall serve on the Housing Committee without compensation.
Section 2.86.100 is hereby amended to read as follows:
The powers and functions of the Housing Committee shall be as follows:
A. To assist the Planning Commission and the City Council in developing housing
policies and strategies for implementation of general plan housing element goals;
B. To recommend policies for implementation and monitoring of affordable housing
projects;
C.
To facilitate innovative approaches to affordable housing development and to
generate ideas and interest in pursuing a variety of housing options;
D. When requested by the Director of Community Development or the City Council,
to make recommendations to the Planning Commission and the City Council regarding affordable
housing proposals in connection with applications for development including, but not limited to,
recommendations for possible fee waivers, other incentives, the number and type of affordable
units and the target groups to be served. Any referral to the Housing Committee shall be limited
to consideration of affordable housing proposals which exceed normal housing requirements under
the applicable provisions of the City's general plan or ordinances related thereto;
E. To make recommendations regarding requests for money from the Affordable
Housing Fund;
F. To provide information about affordable housing;
G. To meet with neighborhood, community, regional, and business groups as
necessary to receive input and assist in generating affordable housing;
H. To help identify sources of funds to develop and build affordable housing;
1. To perform any other advisory functions authorized by the City Council.
Section 2.86.IIO is hereby amended to read as follows:
The Housing Committee shall have available to it such assistance of City staff as may be
required to perform its functions, the staff assignments and administrative procedures to be under
the general direction and supervision of the Director of Community Development.
Section 2.86.120 is hereby amended to read as follows:
The Housing Committee 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 subject to approval
by the Council before becoming effective. All such rules shall be kept on file with the
Chairperson of the Housing Committee, the Mayor, and the City Clerk, and a copy thereof shall
be furnished to any person upon request.
Section 3.08.190 is hereby repealed.
Section 3.08.200 is hereby repealed.
Section 5.28.070N is hereby amended to read as follows:
N. Evidence of provision of a mandatory controlled substance and alcohol testing certification
program for all drivers;
Section 5.28.070 O. is hereby added to read as follows:
o.
Such further information as the City Manager or designee may require.
There is hereby added to the Municipal Code of Cupertino Section 5.28. IOOE which is to read
as follows:
E. Failure of the permittee, or his agents, to comply with a mandatory controlled substance
and alcohol testing certification program as provided for in Section 53075.5 of the California
Government Code.
There is hereby added to the Municipal Code of Cupertino Section 5.28.165D which is to read
as follows:
D. File with his application a copy of his current drivers license issued by the State of
California;
There is hereby added to the Municipal Code of Cupertino Section 5.28.165E which is to read
as follows:
E. File with his application certification from employer of a current negative test for alcohol
and for each of the controlled substances specified in Part 40 (commencing with § 40.1) of Title
49 of the Code of Federal Regulations. (A negative test for alcohol means an alcohol screening
test showing a breath alcohol concentration of less than 0.02 percent.) Owner-drivers shall have
test results reported directly to the City Manager from the testing agency.
Section 5.28.180 is hereby amended to read as follows:
5.28.180
Suspension or revocation of driver's permit
The City Manager, or his designated representative, shall have the power to suspend or revoke
any driver's permit issued under this chapter after a hearing thereon, in the event the holder
thereof has violated any provision of this chapter or has drunk or consumed intoxicating liquor
while on duty, or failed to pass a mandatory testing for controlled substances, which violation,
in the sound discretion of said official, shall be deemed sufficient evidence of the fact that said
driver is not a competent person to operate a taxicab. Such suspension or revocation by the City
Manager, or his designated representative, shall be forthwith reported to the owner last employing
said driver. In the event of such revocation or suspension of a driver's permit, such permit shall
be forthwith surrendered to the City Manager, or his designated representative, by the holder
thereof.
Chapter 6.04 is hereby repealed.
Section 6.08.080 is hereby repealed.
Section 6.08.090 is hereby repealed.
Section 6.08.100 is hereby repealed.
Section 6.12.080 is hereby repealed.
Section 6.12.090 is hereby repealed.
Section 6.12.100 is hereby repealed.
Section 6.16.060 is hereby repealed.
Section 6.20.060 is hereby repealed.
Section 6.24.350 is hereby repealed.
Section 9.08.120 is hereby repealed.
Chapter 9.12 HAZARDOUS MATERIALS STORAGE is hereby amended to delete article
titles.
Section 9.12.140 is hereby repealed.
Chapter 9.16 is hereby repealed.
.............
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 City 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 Book of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 4th day of March, 1996, and ENACTED at a regular meeting of the City Council of
the City of Cupertino this 18th day of March , 1996, by the following
vote:
~
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Chang, Dean, Sorensen, Burnett
None
None
None
ATTEST:
APPROVED:
. ~
Ci~)
d~~i/J
Mayor, City of Cupertino