07-31-2018 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:00 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, July 31, 2018
Special Meeting Non-televised Closed Session (5:00) and Televised Open Session (immediately
following Closed Session)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO
CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, July 31, 2018, commencing at 5:00 p.m. for
a Closed Session in City Hall Conference Room A, 10300 Torre Avenue,
Cupertino, California 95014 and an Open Session immediately following in
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California
95014. Said special meeting shall be for the purpose of conducting business on the
subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL - 5:00 PM
City Hall Conference Room A, 10300 Torre Avenue
CLOSED SESSION
1.Subject: Conference with Legal Counsel - Existing Litigation pursuant to
Government Code section 54956.9, subdivision (d), paragraph 1.
Case: Friends of Better Cupertino, Kitty Moore, Ignatius Ding and Peggy Griffin,
v. City of Cupertino, et al., Santa Clara Superior Court, Case No. 18CV330190
(Continued from July 3)
OPEN SESSION - Immediately following Closed Session
Community Hall Council Chamber, 10350 Torre Avenue
ROLL CALL
Page 1
1
July 31, 2018City Council AGENDA
PLEDGE OF ALLEGIANCE
CEREMONIAL MATTERS AND PRESENTATIONS
2.Subject: Presentation from Citizens’ Climate Lobby
Recommended Action: Receive presentation from Citizens’ Climate Lobby
3.Subject: Presentation from the Toyokawa Sister City Committee regarding recent
delegation
Recommended Action: Receive presentation from the Toyokawa Sister City
Committee regarding recent delegation
POSTPONEMENTS
ORDINANCES AND ACTION ITEMS
4.Subject: Hearing to approve assessment of fees on private parcels for the annual
weed abatement program
Recommended Action: Conduct hearing and adopt Resolution No. 18-069 providing
for lien assessments and collection resulting from the abatement of public nuisances
and potential fire hazards (weeds on private parcels)
Staff Report
A - Draft Resolution
B - Exhibit A1 Assessment Report
C - Adopted Resolution No. 18-008 Ordering Abatement
Page 2
2
July 31, 2018City Council AGENDA
5.Subject: Proposed measure to restructure Cupertino’s basic business license tax
from a tax based on square footage to a tax based on employee count
Recommended Action: Take action to approve submission to the voters of a measure
to amend the City’s business license tax or defer the measure and provide further
direction to staff. Council can take the following actions:
A. (1) Adopt Resolution No. 18-070, “A Resolution of the City Council of the City
of Cupertino ordering the submission to the qualified electors of the City a measure to
amend the business license tax at the Tuesday, November 6, 2018 general election
called by Resolution No. 18-054, and providing for written arguments regarding the
measure and directing the City Attorney to prepare an impartial analysis”; and (2)
submit to voters at the November 6, 2018 General Municipal Election “An Ordinance
of the people of the City of Cupertino amending Chapter 5.04 of the Cupertino
Municipal Code regarding business license taxes, fees, and charges;” or
B. Defer placing the business license tax measure to the November 2020 election
and direct staff to undertake further study and continue working with stakeholders on
preparing a transportation spending plan and draft business license tax measure.
Staff Report
A - Draft resolution
B - Draft Ordinance
C - Redlined draft ordinance
D - Sample resolution on spending priorities
E - Scientific voter polls
STUDY SESSION
6.Subject: Study session to explore consolidation of Senior Citizen, Library, and
Safety issues into Parks & Recreation Commission
Recommended Action: Provide staff direction on structure and management of City
commissions
Staff Report
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
Page 3
3
July 31, 2018City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City
Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?
page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08.100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City’s website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the City Council concerning any item
that is described in the notice or agenda for this meeting, before or during
Page 4
4
July 31, 2018City Council AGENDA
consideration of that item. If you wish to address the Council on any issue that is on
this agenda, please complete a speaker request card located in front of the Council,
and deliver it to the Clerk prior to discussion of the item. When you are called, proceed
to the podium and the Mayor will recognize you. If you wish to address the City
Council on any other item not on the agenda, you may do so by during the public
comment portion of the meeting following the same procedure described above. Please
limit your comments to three (3) minutes or less.
Page 5
5
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4136 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:7/5/2018 City Council
On agenda:Final action:7/31/2018
Title:Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code section
54956.9, subdivision (d), paragraph 1.
Case: Friends of Better Cupertino, Kitty Moore, Ignatius Ding and Peggy Griffin, v. City of Cupertino,
et al., Santa Clara Superior Court, Case No. 18CV330190 (Continued from July 3)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code
section 54956.9, subdivision (d), paragraph 1.
Case: Friends of Better Cupertino, Kitty Moore, Ignatius Ding and Peggy Griffin, v. City of
Cupertino, et al., Santa Clara Superior Court, Case No. 18CV330190 (Continued from July 3)
CITY OF CUPERTINO Printed on 7/26/2018Page 1 of 1
powered by Legistar™6
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4188 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:7/19/2018 City Council
On agenda:Final action:7/31/2018
Title:Subject: Presentation from Citizens’ Climate Lobby
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/31/2018 1
Subject: Presentation from Citizens’ Climate Lobby
Receive presentation from Citizens’ Climate Lobby
CITY OF CUPERTINO Printed on 7/26/2018Page 1 of 1
powered by Legistar™7
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4198 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:7/23/2018 City Council
On agenda:Final action:7/31/2018
Title:Subject: Presentation from the Toyokawa Sister City Committee regarding recent delegation
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/31/2018 1
Subject: Presentation from the Toyokawa Sister City Committee regarding recent delegation
Receive presentation from the Toyokawa Sister City Committee regarding recent delegation
CITY OF CUPERTINO Printed on 7/26/2018Page 1 of 1
powered by Legistar™8
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4134 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:7/5/2018 City Council
On agenda:Final action:7/31/2018
Title:Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement
program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Exhibit A1 Assessment Report
C - Adopted Resolution No. 18-008 Ordering Abatement
Action ByDate Action ResultVer.
City Council7/31/2018 1
Subject: Hearing to approve assessment of fees on private parcels for the annual weed
abatement program
Conduct hearing and adopt Resolution No. 18-069 providing for lien assessments and
collection resulting from the abatement of public nuisances and potential fire hazards (weeds on
private parcels)
CITY OF CUPERTINO Printed on 7/26/2018Page 1 of 1
powered by Legistar™9
CITY COUNCIL STAFF REPORT
Meeting: July 31, 2018
Subject
Hearing to approve assessment of fees on private parcels for the annual weed abatement
program
Recommended Action
Conduct hearing and adopt the Draft Resolution approving the assessment of fees on
private parcels for the annual weed abatement program
Discussion
Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or
destroy weeds on their property for fire protection. The weed abatement process is in
place to notify the property owners of this responsibility, authorize the County to remove
the weeds if the property owner doesn’t, and allow the County to recover the costs of
abatement.
In addition, the Cupertino Municipal Code Section 16.40.480 requires property owners in
the locally adopted Wildland-Urban Interface Fire Area to maintain effective defensible
space by removing brush, flammable vegetation and combustible growth when required
by the fire code official due to steepness of terrain or other conditions. The Cupertino
brush abatement program is a separate program from the County Weed Abatement
Program and authorizes the County Fire Department to remove the brush if the property
owner doesn’t and to recover the costs of abatement. This year there were no parcels on
the list.
The assessment process includes both the County Weed Abatement Program and the
Cupertino brush abatement program. The process consists of eight steps that begin in
November and go through August of each year. At this time the process is at Step No. 8
on the list. Attached is a copy of the draft resolution showing the list of properties on the
Assessment Report.
1. County prepares a list of all properties that have been non-compliant in removing
weeds in the last three years and provides that list to the City (Nov).
10
2. City Council adopts a resolution declaring weeds a nuisance and setting a hearing
date to hear objections by property owners to having their name on the list (Nov-
Dec).
3. County sends notice to the property owners on the list notifying them of the
hearing date and explaining that they must remove weeds by the abatement
deadline of April 30 or it will be done for them, and the cost of the abatement plus
administrative costs assessed to their property (Dec).
4. City Council holds the hearing to consider objections by property owners and
adopts a resolution ordering abatement (Jan).
5. County sends a courtesy letter to property owners on the list notifying them again
of the abatement deadline and noting that they will work with the property owner
to be sure the weeds are removed (Jan).
6. After April 30, the properties are inspected by the County to verify that weeds
were removed and proceeds with abatement if the inspection fails. County makes
a list of all costs associated with the abatement and provides that list to the City
(June-July).
7. City notifies the property owners on the assessment list notifying them of the
hearing date. (July-Aug).
8. City Council holds a hearing, notes any disputes, and adopts a resolution putting
a lien assessment on the properties to allow the County to recover the cost of weed
abatement (July-Aug).
Fiscal Impact
Any fees waived by the Council will be billed to the City by the County to cover their cost
of servicing the property.
Sustainability Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A - Draft Resolution
B - Assessment Report
C - Adopted Resolution Ordering Abatement
11
RESOLUTION NO. 18-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL PROVIDING FOR
LIEN ASSESSMENTS AND COLLECTION RESULTING FROM THE
ABATEMENT OF PUBLIC NUISANCES AND POTENTIAL FIRE HAZARDS
(WEEDS ON PRIVATE PARCELS)
WHEREAS, after due notice a hearing thereon was held at a regular
meeting of the City Council on January 16, 2018, at which time the City declared
the growth of weeds upon certain properties as described in City of Cupertino
Resolution No. 18-008 to be a public nuisance; and
WHEREAS, from evidence presented, both oral and written, the City
Council acquired jurisdiction over and abated said nuisances; and
WHEREAS, affected property owners were advised that a hearing would
be held at the City Council meeting of July 31, 2018 providing for lien
assessments and collection resulting from the abatement of public nuisances
(weeds on private parcels); and
WHEREAS, said hearing was held by the City Council at the time and
place fixed for the receiving and considering of such report and proposed
assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
confirm that the costs of abating said nuisances shall be as set forth on Exhibit A1
(Assessment Report) attached hereto and made a part hereof and said costs shall
constitute a lien on the affected property.
BE IT FURTHER RESOLVED that the County Agricultural Commissioner
shall cause the amount of the assessments to be entered on the County
Assessment Roll opposite the description of the particular property, which
assessment so entered on the County rolls shall be collected together with all
other taxes thereon upon the property at the same time and in the same manner,
as general City taxes are collected and shall be subject to the same penalties and
interest, and the procedures and sale in the case of delinquency as provided for
City taxes.
12
Resolution No. 18-
Page 2
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of July, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor,
City of Cupertino
13
2018 Weed Abatement ProgramAssessment ReportCITY OF CUPERTINOOWNERADDRESSExhibitAl1234567II101112131415161718Situs105311033710467107t2010744106802266r107212258002276722765228t0229310Port¿l0GlencoeGlencoePebble0Stevens CreekSanta LuciaCordovaSan JuanSanta LuciaSan JuanEl CenitoSan JuanSan JuanMercedesVoss(land Only)APN3 l6-30-r02326-07-035326-30-083326-30-106326-43-044342-12-030342-13-012342-16-073342-17-054342-17-110342-17-llL342-18-0t44342-2r-004342-22-030342-22-031342-22-106342-50-002342-50-01995014-244795 1 l 5-000595014-290995015950r4-r33395 l I 5-000595n7-185195014-394095014-281395014-00009s0r4-3939950r4-000095014-393395014-393495014-3934940029sOr4-265694070TAX ROLLAMTsl,149.25$90.00$90.00$1,423.88$90.00$90.00$673.00$673.00$90.00$90.00$90.00$90.00$673.00$90.00$90.00$90.00s90.00$673.00TRA130031301313013130031301313013130131301313013130131301313013r30131301313013130131301313013Tang George & Tsao Jung WeiPacific Gas And Electric CoAndrews, Joyce H TrusteeDamask Robert TWinget, Katherine B And Charles MPacific Gas And Electric CoDeane And Deane IncBangalore, Manjunath SAnd Dixit,Chyu, Wei Jao And Jien MeeiCodding, Nathaniel JAnd Michelle NWang, Ruiping And Zeng, JibingNguyen, Tiep D And Myha P TrusteeItem, Werner And Gloria E TrusteeChen, Don And Xu, JuanjuanNehawandian, NasimYeung,Hok EtAlChuang, David And Zheng, IlongChamberlain, Jack T Trustee10531 NPortal Avel1l Almaden Blvd20643 Cheryl DrPoBox242l10712 Pebble Pllll Almaden Blvd4040 Moorpark Unit # I 1610744 SaÀtaLucia Rd10423 ByrneAv22661 San Juan Rd10721 SantaLuciaRd22580 San Juan Rd22670 San Juan Rd22767 SanJuan Rd22765 San Juan Rd0 Po Box 50322931 VossAv655 SþrvayCUPERTINOSAN JOSECUPERTINOCUPERTINOCUPERTINOSAN JOSESAN JOSECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOBELMONTCUPERTINOSAN CARLOSReport Date: 711312018(List Sorted by APN)Page 114
2018 Weed Abatement ProgramAssessment ReportCITY OF CUPERTINOOWNERADDRESSExhibitAl192021222324252627282930313233343536Situs108571075002188521987219891120522090114752203222405102792249022310209501004020940206r6Linda VistaRaeRaeHyannisportLindyLindyMt CrestLindyCanyon ViewLindyRancho VenturaPalo VistaPalmPalmStevens CreekBianchiStevens CreekMc ClellanAPN356-06-00r356-07-076356-07-077356-13-050356-25-03r356-25-0323s6-26-005356-27-021356-27-024356-27-025357-01-075357-03-058357-04-0tt3s7-04-023359-07-006359-07-021359-07-022359-18-04895070425794087-000094087-000095014-40159412195014-525895014-004795014-483595014-000095014-48 I I95014-273s950t4-271495014-273195t25-320094025-s6r095014-217095014-2170950r4-2955$90.00$673.00$90.00$1,149.11$90.00$90.00$90.00$90.00$90.00$1,347.00$90.00$90.00$90.00s673.00$90.00$90.00$673.00$673.00Evulich, Roy A And .A.ngela TrusteeChang, Chris EtAlChang, Chris EtAlBergman JacquelineKango Ping Qi And Liang, Yu JuanSun,XiHua AndZhu,ShanYung, Gary S And Paula LKalko, Charles ZAnd Munoz,Ho, Shyh-mei FAnd FahfuDe KalpajitAnd Majumder ParamaHu, Chih Shan And Chung-lan TaoJane, Paolin TrusteeCherukuthota, Chandrasekhar AndVan Blommestein, Robert AndBartels Properties Et AlLin, Jason CLin, Jason CHardeman, Melody F EtAl13616 Suney Ln580 AlbertaAv580 AlbertaAv21885 Hyannisport Dr2408 Clement St11801 DorothyAnne Wy11205 Mt Crest Dr22090 Lindy Ln11475 Canyon View Cl22032LindyLn22405 Rancho Ventura St10279 Palo Vista Rd22490Palm Av1144 Brace Av865 Cotton St20940 Sievens Creek Bl20940 Stevens Creek Bl20616 Mcclellan RdSARATOGASLNNYVALESLINNYVALECUPERTINOSAN FRANCISCOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCT]PERTINOCUPERIINOCUPERTINOCUPERTINOSAN JOSEMENLO PARKCUPERTINOCUPERTINOCUPERTINOTAX ROLLAMTTRA130131301313013130161301313013130131301313013130371301313013130131301313013130131301313013Report Date: 711312018(List Sorted by APN)Page215
2018 Weed Abatement ProgramAssessment ReportCITY OF CUPERTINOOWNERADDRESSExhibitAl3738394041424344454647484950515253uI 18351 18410216702r6602165022045t03751041010539191600Situs20652CranberryCranberryAPN362-02-048362-04-058362-09-026362-16-037362-19-033362-31-002362-31-030366-03-056366-03-062366-09-053366-38-005366-38-006366-38-007366-46-004369-12-012369-25-037369-33-001375-07-001957479574795747957479574795014-503394304-132395014-510695035-34279574795014-48299s014-482995014-360795014-497995014-45179s014433795014-454295126-0000TAX ROLLAMT$90.00$1,445.00$1,681.60$1,208.40s1,681.60$90.00$1,449.39$e0.Ó0$673.00$673.00$90.00$90.00$90.00s90.00$90.00$90.00$90.00$90.00TRA130131300213002130001307013013130021301313013130131301313013130131301313013130131301313013Union Pacific CorporationUnion Pacific CorporationUnion Pacific CorporationUnion Pacilic CorporationUnion Pacific CorporationBurrow, Bradley J And Juanita SAlmasi, Azita Trustee & Et AlVenkatesh, BhimacharViray Properties LlcUnion Pacific CorporationChelladurai, Jayakumar AndVan Buren, Donald PAnd Greenie LBarhi¡ Zuri MAnd MichalBigler, Robert AAnd Punita P TrusteeTung, Charles CPeabody,Rei EtAlChang, Mingo MAnd Young, JeanStevens Creek L P10031 Foothills Blvd10031 Foothills Blvd10031 Foothills Blvd1003 1 Foothills Blvd10031 Foothills Blvd20652Cleo Av965 Laurel Glen Dr11835 Upland WyI100 Zamora Ct10031 Foothills Blvd21670 Rainbow Ct21660 Rainbow Ct10668 Carver Dr11230 Bubb Rd10375 LindsayAv7508 Kirwin Ln10539 BlaneyAv1400 Parkmoor AvROSEVILLEROSEVILLEROSEVILLEROSEVILLEROSEVILLECUPERIINOPALOALTOCUPERTINOMILPITASROSE\IILLECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERilNOCUPERTINOSAN JOSECleoNo SitusUplandUplandStaufferRainbowRainbowRainbowRegnartLindsayEast EstatesBlaneyStevens CreekReport Date: 711312018(List Sorted by APN)Page 316
2018 Weed Abatement ProgramAssessment ReportCITY OF CUPERTINOOWNERADDRESSExhibitAlSitusAPNTAX ROLLAMTTRA130r31301313013130r313013130r313013130r31301313013130131301313013130131301313013130131301355565758Ão60616263æ65666768697071721025118921190311020018911102401889210349187701873410291103611039118665r019010454t04241867tJudyBarnhartBamhartStemArataStemA¡ataMenhartTilsonLoreeJohnsonJohnsonJohnsonLoreeCalvertSterlingSterlingPring37s-08-042375-09-020375-09-034375-12-002375-12-040375-12-042375-13-004375-15-041375-17-039375-18-025375-18-032375-18-039375-18-042375-t9-009375-19-018375-23-042375-24-003375-25-039Lau, Rita K TrusteeChang, Vincent HonpingIIuang, HongminMc Grath, PatrickWDuran, FelipeYun, Jung Suk And Fung, Sue HungChopra,Aneet And Shikha TrusteeKollipara, GnanadeepMartinezo Richard D And Henrietta BLoree Prime LlcFan, Haichou And Kong, HaiyanMc Grath, PatrickWLu, Ying-wuWang, Mao And He, LiKompella, Vachaspathi P AndBenson Properties IncAttia, Maged AAnd Bedair, GhadaHuang, Chang-kai And Tseng, Shang-10251 Judy Av18921 BarnhartAv2870 Kaiser Dr Apt 137PoBox24223650 Rosecrest Cir10240 StemAv43844 Cameron Hills Dr10349 Menhart Ln18831 BarnhartAv4166 Astin Canyon Ct10291 JohnsonAv0PoBox242245449 Little Foot Pl1308 Maria Wy18950 Clril Pl0 P.o. Box 871159842 San Petronio Av18671 Pring CtCUPERTINOCUPERTINOSanta ClaraPALOALTOEl Dorado HlsCTIPERTINOFREMONTCUPERIINOCUPERTINOSAN JOSECUPERTINOPALOALTOFREMONTSAN JOSESARATOGACANTONSUNNYVALECUPERTINO95014-352495014-36039505 l -750394309-24229s752-952295014-368994s3995014-366895014-360195121-000095014-38 I I94309-24229453995n7-36179s070-3503481879408s-344995014-3822$90.00$90.00$90.00$673.00$90.00$90.00$90.00$90.00$90.00$90.00$90.00$673.00$90.00$90.00$90.00$90.00$673.00$673.00Report Date: 711312018(List Sorted by APN)Page 417
Pring Venture LlcWong, Damon And Irene LaiLi, Haojiang Trustee & Et AlNie, XiaoqiongFaulkner, Barbara Jeanne EtAlWong, Yuk-chun TrusteeWesolowski, Steven M TrusteeMc Grath PatrickWDela Cruz, Sherwin Peter LSmith, Michael W And Kathleen MHan, Jie And Wu, TianOrtiz, Rosa F Et AlPandharikar, Anand M And Desai,Chen, Changqing And Dong, HuaSmith, Herschel MOrangifar, EsmailZhai, Jianjun And Wei, LiMc Grath PatrickW2018 Weed Abatement ProgramAssessment ReportCITY OF CUPERTINOOWNERADDRESS10360 Farallone Dr10424 Johnson Av10636 Wunderlich Dr10610 Wunderlich Dr10740 Gascoigne Dr684 Wheeler Rd10338 Bonny DrPoBox242218870 Tuggle Av1048 Irvine Av #34810695 Minette Dr10657 Morengo Dr10720 Culbertson Dr19030 Meiggs Ln10732 Morengo Dr10720 Morengo Dr10700 Morengo Dr1184 Valelake CtExhibitAlSitusr8660104241063610610t0740106871067r10630188701064110695r0657r07201903010732107201070010627APN375-25-04037s-26-049375-27-018375-27-019375-29-0t6375-3 l-016375-31-049375-32-020375-32-024375-32-032375-32-043375-34-013375-34-022375-35-055375-35-059375-35-060375-35-061375-36-027TAX ROLLAMTTRA737475767778798081828384858687888990PringJohnsonWunderlichWunderlichGascoigneGascoigneJohnsonCarverTuggleWunderlichMinetteMorengoCulbertsonMeiggsMorengoMorengoMorengoCulbertsonCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOHAUPPAUGECUPERTINOPALOAL|OCUPERTINONEWPORTBEACHCUPERTINOCUPERTINOCUPERTINOCUPERTINOCTIPERTINOCUPERTINOCUPERTINOSLTNNYVALE95014-3 10595014-38149501495014-36529s0r4-3846I 178895014-290894309-24229s0r4-362692660-4602950t4-361295014-351395014-355595014-351195014-351595014-3515950 l4-35 l594089-2032$90.00$90.00$90.00$673.00$90.00s90.00$90.00s l,293.31$673.00$90.00$90.00$673.00s90.00$90.00$90.00$90.00$90.00$1,314.401301313013130131301313013130r3130131326613013130r313013130131301313013L3266130131301313266Report Date: 711312018(List Sorted by APN)Page 518
Burtzlaff, James LLee, John C And Nguyen, Ngoc2018'Weed Abatement ProgramAssessment ReportCITY OF CUPERTINOOWNERADDRESS0 Po Box 46419200 Tilson AvExhibitAlSitusJohansenTilsonAPN375-37-053375-40-0619501s-046495014-3529TOTALTAX ROLLAMT$90.00$90.00$32,343.94TRA91921059319200CUPERTINOCUPERTINO1301313013Report Date: 711312018(List Sorted byAPN)Page 619
RESOLUTION N0.18-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND
RESOLUTION NO. 17-110
WHEREAS, the City Council has declared that the growth of weeds, the
accumulation of garden refuse, cuttings and other combustible trash upon the
private properties as described in Resolution No. 17-110 adopted November 21,
2017, to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at the regular
meeting of the City Council on January 16, 2018; and
WHEREAS, from the evidence presented, both oral and written, it appears
to be in the best interests of the City to acquire jurisdiction over and abate said
nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agricultural Commissioner is hereby ordered to abate such
nuisance or cause the same to be abated by having the weeds referred to destroyed
or removed by cutting, discing, chemical spraying or any other method
determined by him; that all debris, whether in piles or scattered, be hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express
authorization to enter upon said private properties for the purpose of causing said
public nuisance to be abated; and
3. That any affected property owners shall have the right to destroy or
remove such weeds or debris himself or herself or have the same destroyed or
removed at his/her own expense provided that such destruction or removal shall
have been completed prior to the arrival of the Agricultural Commissioner or his
authorized representative to destroy or remove them by the Parcel Abatement
Deadline of April 30, 2018.
BE IT FURTHER RESOLVED:
20
Re s olution No. 18-008
Page 2
1. That the Agricultural Commissioner shall keep account of abating
said nuisance and embody such account in a report and assessment list to the City
Council, which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved
shall be provided as stated in Chapter 9.08.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 16th day of January 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Vaidhyanathan
Scharf
None
None
APPROVED :
~u±
Grace Schmidt, City Clerk Darcy Paul, Mayor,
City of Cupertino
21
2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitus1053 I1033710467107120107441068022661107212258002276722765228t022931229652300923015229982299422999PORTAL0GLENCOEGLENCOEPEBBLE0STEVENSSANTALUCIACORDOVASAN ruANSANTALUCIASAN JUANELCERzuTOSAN ruANSAN ruANMERCEDESVOSSVOSSVOSSVOSSSTANDINGSTANDINGSTANDINGAPNAVE316-30-102326-07-035DR 326-30-083DR 326-30-106PL 32643-044342-12-030BL 342-13-012RD 342-16-073PÐ 342-17-454RD 342-17-110RD 342-17-111RD 342-18-044RD 342-21-004RD 342-22-030RD 342-22-431RD 342-22446AV 342-50-002AV 342-50-003AV 342-50-005AV 342-50-006cr 342-50-007cr 342-50-009cT 342-50-012CITY/STATECUPERTINOSAN JOSECUPERTINOCUPERTINOCUPERTINOSAN JOSESAN JOSECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERIINOCUPERTINOBELMONTCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINO95014-244795 I l5-000595014-29099501595014-133395 I I s-000595117-185195014-394095014-28t395014-00009s014-393995014-00009s014-39339s014-39349s014-3934940029s014-265695014-2656950r4-26s69sÙt4-26s69s0t4-26609s014-266095014-2660TANG GEORGE & TSAO JLING WEIPACIFIC GASAND ELECTRIC COANDREWS, JOYCE H TRUSTEEDAMASK ROBERT TWINGEI KATHERINE B ANDPACIFIC GASAND ELECTRIC CODEANEAND DEANE INCBANGALORE, MANJUNAIH S ANDCHYU, WEI JAO AND JIEN MEEICODDING, NATHANIEL J ANDWANG, RUIPING AND ZENG, JIBINGNGUYEN, TIEPDAND MYHAPITEM, WERNER AND GLORI.AECHEN, DON AND XU, JUANruANNEHAV/ANDIAN, NASIMYEI-ING, HOK ETALCHUANG, DAVID AND ZHENG, HONGLIN, HSIN-I ETALLI, PEN CHUNG AND LEONG, SUT IANHONG, JACK LAND TSE, ANITAYBUTALA, AMIT P AND DESAI,JOHNSON, THOMAS ECHIANG, MICHAEL M AND GLORIA KIO53I N PORTALAVEIII ALMADEN BLVD20643 CHERYL DRPOBOX2421I07I2 PEBBLE PLlll ALMADEN BLVD4O4O MOORPARK UNIT #11610744 SANTALUCIARD10423 BYRNEAV2266I SAN JUAN RDIO72I SANTALUCIARD22580 SAN ruAN RD22670 SAN ruAN RD22767 SAN ruAN RD22765 SAN ruAN RD0 Po Box 5032293I VOSSAV22965 VOSS AV23009 VOSS AV23015 VOSSAV22998 STANDING OAK CT22994 STANDTNG OAK CT22999 STANDING OAK CTCACACACACACACACACACACACACACACACACACACACACACACA23 records of 106Santa Clara County Weed Abatement ProgramPage I22
2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitusSTANDINGVOSSVOSSVOSSVOSS(LAND ONLY)S'TANDINGSTANDINGLINDAVISTARAERAEHYANNISPORTLINDYLINDYMTCRESTLINDYCANYON VIEWLINDYRANCHOPALO VISTAPALMPALMSTEVENSAPN342-54-013342-5A-Aß342-50-015342-50-016342-54-A17342-50-01 I342-54-O2A342-50-421356-06-001356-07-076356-07-077356-1 3-050356-25-03'13s6-25-032356-26-005356-27-421356-27-024356-27-025357-01-075357-03-058357-44-011357-04-023359-07-006CITY/STATRCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSAN CARLOSCUPERTINOCUPERIINOSARATOGASLINNYVALESUNNYVALECUPERTINOSAN FRANCISCOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSAN JOSEMENLO PARK95014-2660950t4-26619s014-266195014-26639s014-26639407095014-266095014-26609s070-42s794087-000094087-000095014-401594t2195014-s25895014-004795014-483595014-000095014481I95014-273595014-27149s014-27319512s-320094025-56102300s230192302523026230220229952299110857107500218852t9872t989tt20s2209011475220322240510279224902231020950CTAVAVAVAVCTCTDRLNLNDRLNLNDRLNCLLNSTRDAVAVBLGOLAN, AVRAHAM AND OSNATCOLE, WILLIAM S AND YULANLL]NA, ROBERTO LAND JOSEFINA STSAI, VICKYTSAY-HSAI TRUSTEE &STATMAN, MEIR ANDNAVAHCHAMBERLAIN, JACK T TRUSTEEGOHRING, KURT K AND ERIKAACHU, JOHN AND WOO, ANNEVULICH, ROYAAND ANGELACHANG, CHRIS ETALCHANG, CHRIS ETALBERGMAN JACQUELINEKANG, PING QI AND LIANG, YU ruANS{-IN, XI HUA AND ZHU, SHANYUNG, GARY S AND PAULA LKALKO, CHARLES ZAND MUNOZ,HO, SHYH-MEI FAND FAHFUDE KALPAJIT AND MAruMDERHU, CHIH SHAN AND CHI.ING-LANJANE, PAOLIN TRUSTEECHERUKUTHOTA, CHANDRASEKIIARVAN BLOMMESTEIN, ROBERT ANDBARTELS PROPERTIES ET AL23005 STANDING OAK CT23019 VOSS AV23025 VOSS AV23026 VOSS AV23022 VOSS AV655 SKYWAY22995 STANDING OAK CT22997 STANDING OAK CT13616 SURREY LN5SOALBERTAAV5SOALBERTAAV21885 HYANNISPORT DR2408 CLEMENT STIISOI DOROTHYANNE WYI I2O5 MT CREST DR22090 LINDY LN11475 CANYON VIEV/ CL22032 LINDY LN22405 RANCHO VENTURA STIO279PALO VISTARD22490PALMAVI144 BRACEAV865 COTTON STCACACACACACACACACACACACACACACACACACACACACACACA46 records of 106Santa Clara County Weed Abatement ProgramPage 223
2OI8 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERT¡NOSitus1004020940206t620840020652BIANCHISTEVENSMC CLELLANCHERRYLANDCRANBERRYCRANBERRYCLEONO SITUSUPLANDUPLANDSTAUFFERRAINBOWRAINBOWRAINBOWREGNARTLINDSAYEAST ESTATESBLANEYSTEVENSruDYAPN359-07-02'1359-Q7-022359-1 8-048359-20-042362-02-048362-04-058362-09-026362-16-037362-1 9-033362-31-002362-31-030366-03-056366-03-062366-09-053366-38-005366-38-006366-38-007366-46-004369-12-012369-25-037369-33-001375-07-001375-OB-042CITY/STATF],CUPERTINOCUPERTINOCUPERTINOCUPERTINOROSEVILLEROSEVILLEROSEVILLEROSEVILLEROSEVILLECUPERTINOPALOALIOCUPERTINOMILPITASROSEVILLECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSAN JOSECUPERTINO95014-217095014-2t709s014-29ss95014-18029s7479574795747957479574795014-503394304-1323950 l4-5 1069s03s-342795',74795014-482995014482995014-36079s014497995014-451795014-433795014-454295 126-000095014-3524WYBLRDDRDRDRLIN, JASON CLIN, JASON CHARDEMAN, MELODYF ETALCHERRYLAND LLCLINION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONLTNION PACIFIC CORPORATIONUNION PACIFIC CORPORATIONBURROW BRADLEY J AND ruANITA SALMASI, AZTTA TRUSTEE & ETALVENKAIESH, BHIMACHARVIRAY PROPERTIES LLCLTNION PACIFIC CORPORATIONCHELLADURAI, JAYAKUMAR ANDVAN BUREN, DONALD PANDBARNIV zuRI MAND MICHALBIGLER, ROBERT AAND PUNITA PTUNG, CHARLES CPEABODY,REI ETALCHANG, MINGO MANDYOLTNG, JEANSTEVENS CREEK L PLAU, RITA K TRUSTEE20940 STEVENS CREEK BL20940 STEVENS CREEK BL2O6I6MCCLELLAN RD20846 DTINBAR DRIOO3I FOOTHILLS BLVDlOO3I FOOTHILLS BLVD10031 FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVD206'2CLEO AV965 LAURELGLENDRI1835 UPLAND WYIIOO ZAMORACTIOO3I FOOTHILLS BLVD21670 RAINBOWCT21660 RAINBOWCT10668 CARVERDR11230 BUBB RD10375 LINDSAYAV7508 KIRWIN LN10539 BLANEYAVI4OO PARKMOORAVIO25I ruDYAVCACACACACACACACACACACACACACACACACACACACACACACAAV11835I l84l0216102166021650220451037510410105391916010251WYWYLNCTCTCTRDAVDRAVBLAV69 records of 106Santa Clara County Weed Abatement ProgramPage 324
2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitusAPN18921 BARNHARTAV2870 Kaiser Dr Apt 137POBOX24223650 Rosecrest CirIO24O STERN AV43844 CAMERON HILLS DR10349 MENHART LN1883I BARNHARTAV4166ASTIN CANYON CTIO29I JOHNSONAVoPoBox242245449LTTTLE FOOT PLI3O8 MARIAWYI8950 CYRIL PL0 P.o. Box 871159842 SAN PETRONIOAV1867I PRING CT10360 FARALLONE DR10424 JOHNSONAV10636 WTINDERLICH DRIO6IO WUNDERLICHDRIO74O GASCOIGNE DR684 WHEELERRDCITY/STATECUPERTINOSanta ClaraPALOALTOEl Dorado HlsCUPERTINOFREMONTCUPERTINOCUPERTINOSAN JOSECUPERTINOPALOALTOFREMONTSAN JOSESARAIOGACANTONSLINNYVALECUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOHAUPPAUGE189211903 I10200l89ll1024018892t034918770187341029t10361103911866s1019010454104241867118660t04241063610610t074010687AVAVAVWYAVWYLNAVAVAVAVAVAVDRBLBLCTCTAVDRDRDRDRBARNHARTBARNHARTSTERNAIìATASTERNARATAMENHARTTILSONLOREEJOHNSONJOHNSONJOHNSONLOREECALVERTSTERLINGSTERLINGPRINGpnrNcJOHNSONWUNDERLICHWUNDERLICHGASCOIGNEGASCOIGNE375-09-020375-09-034375-12-A02375-12-044375-12-042375-1 3-004375-15-441375-1 7-03937s-18-025375-1 8-032375-18-039375-18-042375-1 9-009375-19-0'18375-23-442375-24-A03375-25-039375-25-A4A375-26-449375-27-A18375-27-019375-29-016375-31-016CHANG, VINCENT HONPTNGHuang, HongminMC GRAIH, PATRICK WDuran, FelipeYUN, JUNG SUK AND FLING, SUECHOPRA,ANEET AND SHIKHAKOLLIPARA, GNANADEEPMARTINEZ, RICHARD D ANDLOREE PRIME LLCFAN, HAICHOU AND KONG, HAIYANMC GRATH, PAIRICK'WLU, YING-WTIWANG, MAO AND HE, LIKOMPELLA, VACHASPATHI P ANDBENSON PROPERTIES INCAITIA, MAGED AAND BEDAI&HUANG, CHANG-KAI AND TSENG,PRING VENTURE LLCWONG, DAMON AND IRENE LAILI, HAOJIANG TRUSTEE & ETALNIE, XIAOQIONGFAULKNER, BARBARAJEANNE ETALWONG, YUK-CHLN TRUSTEECACACACACACACACACACACACACACAMICACACACACACACANY9s014-36039505 r -750394309-242295752-95229s014-368994s399s014-36689s014-36019s 12 I -000095014-381 I94309-24229453995117-361795070-3503481879408s-344995014-382295014-3 10595014-3814950149s014-36529s014-38461178892 records of 106Santa Clara County Weed Abatement ProgramPage 425
2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF CUPERTINOSitusAPNAV 375-31-049DR 375-32-020AY 375-32-024DR 375-32-032DR 375-32-043DR 375-34-013DR 375-34-022LN 375-35-055DR 375-35-059DR 375-35-060DR 375-35-061DR 375-36-027DR 375-37-053AV 375-40-061(-ITY/STATtr',1067110630I 88701064110695106s710720r9030107321072010700t06271059319200JOHNSONCARVERTUGGLEWLTNDERLICHMINETTEMORENGOCULBERTSONMEIGGSMORENGOMORENGOMORENGOCULBERTSONJOHANSENTILSON10338 BONNY DRPOBOX2422ISSTOTUGGLEAVIO48 IRVINE AV #34810695 MINETTE DR10657 MORENGO DRIO72O CULBERTSON DRI9O3O MEIGGS LN10732 MORENGO DR10720 MORENGO DRIOTOO MORENGO DRII84 VALELAKE CT0 Po Box 464I92OO TILSONAVCUPERTINOPALOALTOCUPERTINONEWPORTBEACHCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOCUPERTINOSLINNWALECUPERTINOCUPERTINOWESOLOWSKI, STEVEN M TRUSTEEMC GRATH PATRICK WDELA CRUZ, SHERWIN PETER LSMITH, MICHAEL WAND KAIHLEENHAN, JIE AND WU, TIANORTIZ, ROSA F ETALPANDHARIKA& ANAND M ANDCHEN, CHANGQING AND DONG, HUASMITH, HERSCHELMORANGIFA& ESMAILZHAI, JIANJUN AND WEI, LIMC GRATH PATRICK WBURTZLAFR JAMES LLEE, JOHN CAND NGUYEN, NGOCCACACACACACACACACACACACACACA9s014-290894309-24229s014-362692660460295014-361295014-351395014-355595014-351 l95014-351595014-351595014-35 1594089-20329s01s-04649s014-3s29106 records of 106Santa Clara County Weed Abatement ProgramPage 526
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4139 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:7/5/2018 City Council
On agenda:Final action:7/31/2018
Title:Subject: Proposed measure to restructure Cupertino’s basic business license tax from a tax based on
square footage to a tax based on employee count
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft resolution
B - Draft Ordinance
C - Redlined draft ordinance
D - Sample resolution on spending priorities
E - Scientific voter polls
Action ByDate Action ResultVer.
City Council7/31/2018 1
Subject: Proposed measure to restructure Cupertino’s basic business license tax from a tax
based on square footage to a tax based on employee count
Take action to approve submission to the voters of a measure to amend the City’s business
license tax or defer the measure and provide further direction to staff. Council can take the
following actions:
A. (1) Adopt Resolution No. 18-070, “A Resolution of the City Council of the City of
Cupertino ordering the submission to the qualified electors of the City a measure to amend the
business license tax at the Tuesday, November 6, 2018 general election called by Resolution
No. 18-054, and providing for written arguments regarding the measure and directing the City
Attorney to prepare an impartial analysis”; and (2) submit to voters at the November 6, 2018
General Municipal Election “An Ordinance of the people of the City of Cupertino amending
Chapter 5.04 of the Cupertino Municipal Code regarding business license taxes, fees, and
charges;” or
B. Defer placing the business license tax measure to the November 2020 election and direct
staff to undertake further study and continue working with stakeholders on preparing a
transportation spending plan and draft business license tax measure.
CITY OF CUPERTINO Printed on 7/26/2018Page 1 of 1
powered by Legistar™27
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 31, 2018
Subject
Proposed measure to restructure Cupertino’s basic business license tax from a tax based
on square footage to a tax based on employee count.
Recommendation
Take action to approve submission to the voters of a measure to amend the Ci ty’s
business license tax or defer the measure and provide further direction to staff. Council
can take the following actions:
A. (1) Adopt draft Resolution No. 18-, “A Resolution of the City Council of the City
of Cupertino ordering the submission to the qualified electors of the City a
measure to amend the business license tax at the Tuesday, November 6, 2018
general election called by Resolution No. 18-054, and providing for written
arguments regarding the measure and directing the City Attorney to prepare an
impartial analysis”; and (2) submit to voters at the November 6, 2018 General
Municipal Election “An Ordinance of the people of the City of Cupertino
amending Chapter 5.04 of the Cupertino Municipal Code regarding business
license taxes, fees, and charges;” or
B. Defer placing the business license tax measure to the November 2020 election and
direct staff to undertake further study and continue working with stakeholders on
preparing a transportation spending plan and draft business license tax measure.
Background
The City’s business license tax was enacted in 1992 with minor amendments in 2001.
Rates have been increased periodically based on inflation and are estimated to generate
approximately $800,000 in fiscal year (FY) 2017-18. Council requested that staff work on
a proposal to restructure the City’s business license tax from a square footage -based tax
to an employee-based tax as part of the FY 2018-19 Work Program.
As shown in the timeline below, staff has presented information on restructuring the
City’s business license tax at three previous Council study sessions.
28
Date Activity
March 6, 2018 Council adopts work plan
May 23-25, 2018 Public opinion poll
June 5, 2018 Study session – Council directs staff to develop several models for
restructuring the business tax and conducting business outreach
June 18, 2018 Business outreach, including forum
June 19, 2018 Study session – Council directs staff to prepare sample resolution
and ordinance for November 2019
July 3, 2018 Study session - Council directs staff to prepare draft resolution and
ordinance for November 2018 election and conduct additional
outreach
Discussion
Per Council direction at the July 3, 2018 study session, staff has refined business tax
models previously presented to Council to generate proposed revenue targets, prepared
a draft resolution placing the business tax measure on the November 6, 2018 ballot,
prepared a draft ordinance, drafted a sample resolution for spending priorities, engaged
in community and business outreach, and conducted community polls to test the ballot
language.
Business Tax Models
Based on Council direction, staff prepared two tax models estimated to generate $8
million and $10 million in revenue. As previously presented, the models protect small
and medium size businesses from the impacts of a per employee tax rate with businesses
paying a flat fee for the first 99 employees. The employee tax rate progressively increases
as the number of employees increase. The effective tax rate summarizes the total
estimated business tax by total estimated number of employees.
Model 1: Per Employee Rates Up to $325
Employee
Range
# of
Businesses
% of
Businesses
in Tier
Estimated
#
Employees
Base
Rate
Employee
Rate Total BL Tax
Effective
Tax Rate
1-9 3,128 89.4% 3,400 150$ -$ 469,200$
10-49 300 8.6% 4,000 250$ -$ 75,000$
50-99 40 1.1% 2,400 500$ -$ 20,000$
100-249 25 0.7% 3,300 500$ 50$ 53,750$ 16$
250-499 5 0.1% 1,300 500$ 100$ 45,250$ 35$
500-999 1 0.0%600 500$ 175$ 50,525$ 84$
1,000-4,999 0.0%500$ 250$ -$
5,000+1 0.0% 24,000 500$ 325$ 7,295,250$ 304$
Total 3,500 100.0% 39,000 8,008,975$
29
Draft Resolution
Staff worked with outside counsel and the City Attorney’s Office to draft a resolution
adding a measure to amend the business license tax on the November 6, 2018 election
(Attachment A). The ballot question was drafted in consultation with the Council’s ad-
hoc committee (Council Member Steven Scharf and Council Member Barry Chang),
however, no consensus was reached. The committee recommended two ballot questions
for Council consideration:
A. Shall the measure to fund priorities such as infrastructure to reduce traffic
congestion in Cupertino by imposing a yearly general business license tax of $150
to $500 per business, plus a progressively increasing per-employee rate of $50
(100+ employees) to $425 (5,000+ employees), replacing the existing square
footage-based business license tax, raising about $10 million yearly for general
fund purposes, effective until voters amend or appeal it, with annual audits, be
adopted?
B. Shall the measure to fund priorities such as infrastructure to reduce traffic
congestion in Cupertino by imposing a yearly business license tax of $8 to $392 per
employee, on average, with larger companies paying more per employee,
replacing the existing square footage-based business license tax with no changes
to provisions for particular businesses taxes, generating about $10 million yearly
for general fund purposes, until ended by voters, with independent yearly audits,
be adopted?
Option A explains the proposed tax structure, whereas option B focuses on the effective
per-employee rate of the overall tax. Both questions are legally acceptable. Outside legal
Model 2: Per Employee Rates Up to $425
Employee
Range
# of
Businesses
% of
Businesses
in Tier
Estimated
#
Employees
Base
Rate
Employee
Rate Total BL Tax
Effective
Tax Rate
1-9 3,128 89.4% 3,400 150$ -$ 469,200$
10-49 300 8.6% 4,000 500$ -$ 150,000$
50-99 40 1.1% 2,400 500$ -$ 20,000$
100-249 25 0.7% 3,300 500$ 50$ 53,750$ 16$
250-499 5 0.1% 1,300 500$ 100$ 45,250$ 35$
500-999 1 0.0%600 500$ 200$ 53,050$ 88$
1,000-4,999 0.0%500$ 300$ -$
5,000+1 0.0% 24,000 500$ 425$ 9,407,775$ 392$
Total 3,500 100.0% 39,000 10,199,025$
30
counsel recommended option B, which is most similar to Mountain View’s ballot
question, however polling revealed that option A may be slightly more successful. For
this reason, staff included the option A language in the draft resolution.
Draft Ordinance
The draft ordinance (Attachment B) is modeled after Mountain View’s proposed
measure. However, staff retained some provisions from our current business license tax
code. Below is a summary of the key provisions of the draft ordinance:
Replaces the “basic license” currently calculated based on square footage with one
based on employee-count
Proposes the Model 2 structure that generates approximately $10 million per year
with an effective per employee tax rate of $17 to $392 for businesses with 100 or
more employees (basic license only).
Retains rates for specified business, including auctioneers, amusement centers,
apartments, coin operated devices, concerts/circuses/performances, contractors,
home occupations, hotels/motels/lodging houses, lumberyards/materials
yard/junkyards/nurseries, mobile vendors, private schools, rest/care
homes/childcare centers, seasonal lot sales, solicitors, taxicabs, and
theatres/shows.
Maintains a reduced rate for small income business with gross receipts of $1,000-
$5,000 of $75 (or half the flat rate fee for businesses with 1-10 employees).
Businesses with less than $1,000 in gross receipts are exempt from the business
license fee.
Requires out-of-town businesses pay the same incremental tax rate based on
number of employees, but prorated based on the average number of days working
in the City in a calendar year (similar to San Jose).
Authorizes Council to adjust the tax for CPI increases, subject to the annual fee
resolution.
Makes tax effective in 2020 for the smaller businesses subject to the flat
“registration fee” with larger companies phased in from 2020 to 2022.
New provisions not currently included in the City’s business license tax ordinance were
included based on best practices from Mountain View’s model ordinance:
Allows for the Council to establish business license application and renewal fees
to recover the cost of processing business licenses as part of the annual adoption
of the City fee schedule.
Includes a disturbance response charge for any disturbance which is directly or
indirectly caused by a violation of business license provisions.
31
Allows City to deny or suspend a business license for criminal convictions related
to the business, felony convictions, and convictions for acts involving dishonesty,
fraud, or deceit.
The draft ordinance currently does not include a sunset provision, which is similar to
Mountain View’s measure.
Spending Priorities
Council requested information on a resolution that would signal to voters the Council’s
commitment to use the revenue generated from the measure for transportation purposes.
Staff has included a sample resolution (Attachment D) that could serve this purpose.
Mountain View is using this approach for their ballot measure. However, it should be
noted that such resolutions are not binding and spending priorities could be changed by
subsequent Councils.
Business Outreach
Given the limited timeframe, staff targeted business outreach to the Cupertino Chamber
of Commerce and the approximately 30 businesses that would likely be impacted by the
restructuring. Email messages explaining the possibility of a business license tax
restructuring and its implications to local businesses were sent to larger employers
including Apple, Seagate, The Forum at San Antonio, Kaiser, Target, Whole Foods, and
the California Restaurant Association (CRA). The email message requested an
opportunity to meet one-on-one for a briefing on the issue. Phone messages were also left
for store managers of Safeway and Ranch 99 who do not have a working email on file.
Follow-up calls were made to and messages left for these larger employers who did not
send representatives to the Business Forum event on Monday, June 18, 2018 with a
request to meet in person or via conference call.
A second Business License Tax Forum was held on Tuesday, July 24 from 9:30am-11:00am
at Cupertino Community Hall. The Business License Tax Forum was promoted in the
City’s Economic Development Business Buzz electronic newsletter issued on July 23,
2018. Invitation emails were sent to property managers of Nineteen800, The Marketplace,
Main Street, Homestead Square, and the Cupertino Chamber of Commerce, and CRA
inviting their tenants and members to attend and provide their input. Forum flyers were
distributed at the Chamber’s July 13, 2018 Legislative Action Committee Meeting.
At both Business Forums, attendees expressed that they believe it is a rushed process.
They would like more time for the City to meaningfully engage with stakeholders
(businesses and residents) in order to identify and discuss the best possible business tax
structure to fund transportation projects. They voiced that there must be a clear link
32
between the tax revenues raised and the intended projects. Additionally, the attendees
felt regional transportation projects would be most effective in addressing the area’s
transportation issues.
Staff also engaged one-on-one with the City’s largest employer and business groups, and
has a scheduled meeting with the City’s second largest employer. Based on one-on-one
conversations with these business leaders, including the Chamber of Commerce, there is
a recognition that traffic is a significant issue affecting both residents and businesses.
However, there continues to be concern that this measure does not provide a spending
plan that clearly articulates how this measure would provide a solution to traffic
congestion. They recommend that Council consider partnering with the business
community to study potential solutions to traffic congestion instead of pursuing the
proposed business license tax measure.
The Cupertino Chamber of Commerce has committed to partnering with the City to
explore transportation solutions and has begun meeting with staff on a weekly basis. An
Apple representative has also been in attendance and expressed support for such a
collaborative approach, but the company has not yet committed to a partnership. Both
the Chamber and Apple have expressed deep concern with the short timeline and limited
dialogue regarding a restructured business license tax. They would like more time to
explore transportation solutions and funding options with the City and are requesting
that Council consider delaying the proposed measure to 2020 if alternative funding
cannot be secured.
Community Outreach
To provide information on the proposed business license tax measure, staff created a
webpage on the City’s website (www.cupertino.org/businesstax) with background
information for residents and businesses interested in the issue.
In addition, staff used Open City Hall to conduct a short survey on support for an
employee-based business tax and funding preferences, which was promoted through
Nextdoor and our BizBuzz Newsletter. The survey had over 85 responses. The vast
majority of respondents reported that they live and/or work in Cupertino, however, only
about half are registered users that have been verified by the platform. It’s important to
note that Open Town Hall survey is a self-selected survey and not a scientific poll that is
statistically valid.
Among registered respondents, nearly 43% of respondents in the Open City Hall survey
expressed support for a restructured business license tax with 49% opposed and 8%
undecided. Including both registered and non-registered respondents, support for the
33
measure was only 38% with 56% opposed. Support for enhancing pedestrian/cyclist
safety, local community shuttle, and improving mass transit in the West Valley all
received 35-37% support.
Scientific Voter Polling
Staff also conducted three scientific polls with a third-party polling firm, Voxolca. In May,
nearly 71% of likely November voters said they would support an increase in the business
license tax with large business paying more than small businesses. The poll also showed
63% support for an increase in the business license tax for general purposes. However,
when polled on the specific ballot questions in July, support eroded.
Voxloca conducted two polls of 300 likely November voters testing the two ballot
question options the week of July 16-23, 2018 (Attachment E). In addition to a ballot
question, the polls presented two arguments for and two arguments against the measure
to determine the impact of messaging on support for the measure. Respondents were also
asked what the most important factor was in considering the proposed business license
tax measure.
Overall, the polling results show less support for this specific proposal compared to initial
polling results. Both polls show initial support of 49% with 7-8% undecided. After
presenting arguments for and against the measure, support increased to 51% in one poll
and 55% in the other. Respondents indicated that the most important factor in
considering the ballot measure was a well-designed spending plan and long-term
stability and growth.
While a solid majority of respondents believe that it is fair for businesses to pay more to
fund transportation improvements in Cupertino, a super majority agree with the “blank
check” argument that this is a general tax measure with no transit solution. Given these
polling results, staff is not confident that the proposed measure would be successful if
placed on the November 2018 ballot.
Implementation Considerations
Implementing a revised ordinance will require some internal analysis of business license
processing related to the City’s current business license application as well as the policies
and procedures regarding the administration and collection of business license taxes and
processing fees, respectively.
Additional resources will be vital in order to remain operationally efficient and compliant
as we transition to a new collection structure . If the measure is implemented, the new
34
collection structure will require additional staffing and/or outside consultant support to
ensure compliance with the new fees. Most significantly, the number of employees (full-
time and part-time) will need to be obtained and recorded, information which has never
been requested of applicants. Upon receiving head-count information from applicants,
staff will need to verify this information via form DE -9C, submitted to the Employment
Development Department. Ongoing staffing and/or consultant help may be required to
monitor and ensure that all business are in compliance with the City’s new business
license fees.
Additionally, there will be a financial and staffing cost to reconfigure, adjust, and test the
City’s enterprise system from a fee based on square footage to a fee based on employee
count, which is anticipated to take at least six months’ time. Staff will also need 6-12
months to notify businesses of the change.
Staff Recommendation
Options for Council to consider, include:
1. Approving the draft resolution and draft ordinance to place the measure on the
ballot for November 2018, authorize the subcommittee to prepare arguments and
rebuttals for the proposal, and consider adopting a resolution on spending
priorities at a future meeting.
2. Defer placing the measure on the ballot until 2020 and direct staff to continue
working with business partners, including the Chamber of Commerce, on
transportation solutions with the goal of developing a spending and funding plan
by December 2019. This timeline would allow for more robust community and
business engagement for a potential revenue measure in November 2020, if
alternative funding is not identified.
Given that polling data does not show a clear majority of residents would support the
proposal currently being considered by Council and the busines s community has been
unsupportive for moving forward in November 2018, staff recommends that Council
consider deferring the ballot measure to 2020. This would give staff time to meaningfully
engage with all stakeholders to develop an infrastructure spending plan and work with
the Chamber of Commerce and large businesses to consider a partnership for alternative
funding, while working on the restructuring of the business license tax.
A November 2020 target, would also provide staff with ample time to prepare an internal
transition plan and external communication plan. This may shorten the lead time needed
to implement the tax and still allow full implementation by 2022, instead of the proposed
phase in starting in 2020 with full implementation in 2022.
35
Sustainability Impact
To the extent that revenue measures support transportation infrastructure that reduces
single vehicle miles traveled in Cupertino, there would be a reduction in greenhouse
gases.
Fiscal Impact
If approved by voters, the proposed business license tax measure could increase revenues
by millions of dollars and provide a consistent source of revenue for infrastructure
projects. However, it is also anticipated that additional staffing, consultant, and system
reconfiguration costs will be incurred to implement and monitor the new fee structure.
The two business license models proposed will be more than adequate to support the
additional resources required.
Prepared by: Jaqui Guzmán, Deputy City Manager
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Draft resolution
B – Draft ordinance
C – Redlined draft ordinance
D – Sample resolution on spending priorities
E – Scientific voter polls
36
197526.1
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY A MEASURE TO AMEND THE BUSINESS LICENSE TAX AT THE
TUESDAY NOVEMBER 6 , 2018 GENERAL ELECTION CALLED BY RESOLUTION
NO. 18-054, AND PROVIDING FOR WRITTEN ARGUMENTS REGARDING THE
MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS , the City of Cupertino was formed in 1955 to provide municipal services to
its residents; and
WHEREAS , in 1992, the voters of the City approved an annual business license tax for
the privilege of conducting business in the City based on square footage of commercial space,
which currently generates $800,000 of General Fund revenue annually; and
WHEREAS , pursuant to Section 9222 of the California Elections Code, the City Council
may submit an ordinance directly to the voters; and
WHEREAS, by Resolution No. 18-054, adopted on June 5, 2018, the City Council called
a General Election, to be held on Tuesday, November 6, 2018 to fill City Council seats, and
requested that the Board of Supervisors of the County of Santa Clara agree to the consolidation of
the General Municipal Election with the Statewide General election, and set forth the instructions
for the election; and
WHEREAS , the City Council desires to submit to the voters at the General Municipal
Election an ordinance amending the business license tax rates (the “Ordinance”).
WHEREAS , the Ordinance imposes a general tax, the revenues from which are to be
placed in the general fund of the City and to be used for any lawful purpose of the City (“Tax”).
BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CUPERTINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby orders the following question to be submitted to the voters
at the general municipal election called for Tuesday, November 6, 2018:
Shall the measure to fund priorities such as infrastructure to reduce
traffic congestion in Cupertino by imposing a yearly general
business license tax of $150 to $500 per business, plus a
progressively increasing per-employee rate of $50 (100+
employees) to $425 (5,000+ employees), replacing the existing
square footage-based business license tax, raising about $10 million
yearly for general fund purposes, effective until voters amend or
appeal it, with annual audits, be adopted?
YES
NO
37
Resolution No. _____
Page 2
197526.1
Pursuant to Article XIII C of the California Constitution, this measure requires the approval of a
majority of those casting votes in the Election. The complete text of the measure is attached
hereto as Exhibit 1 and incorporated into this Resolution by reference.
SECTION 2. The City Council hereby declares its intent to consolidate the Election with the
Statewide Election to be held on November 6, 2018, and requests that the Santa Clara County
Board of Supervisors add this Ordinance to that ballot as set forth herein. The City Council
acknowledges that the consolidated election shall be held and conducted in the manner
prescribed in Elections Code sections 10400 et seq.
SECTION 3 . The primary arguments for and against this ballot measure shall be
submitted to the City Clerk by 5:00 p.m. on August 13, 2018 , and shal l not exceed 300
words .
SECTION 4 . Pursuant to City Council Resolution No. 1 6 -030 and Elections Code section
9285, the City Council has authorized the filing of rebuttal arguments for and against
measures in City elections. Rebuttal arguments concerning this measure shall be
submitted to the City Clerk by 5:00 p.m. on August 20, 2018 , and shall not exceed 250
words .
SECTION 5 . All arguments shall be filed with the City Clerk, signed, with the printed
name(s) an d signature(s) of the author(s) submitting it or, if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least
one of its principal officers who is the author of the argument. The arguments shall b e
accompanied by the Form of Statement to Be Filed by Author(s) of Argument to be
provided by the City Clerk.
SECTION 6 . The City Council directs the City Clerk to transmit a copy of the measure
to the City Attorney to prepare an impartial analysis , not exceeding 500 words, showing
the effect of the measure on the existing law and the operation of the measure. The
impartial analysis shall be filed by 5:00 p.m. on August 20 , 2018.
SECTION 7. The City Clerk is hereby authorized and directed to take all steps necessary to
place the Measure on the ballot, to cause it to be printed, and to procure and furnish (or cause to
be procured or furnished) any and all official ballot notices, printed materials, and all other
supplies that may be necessary to prepare for and conduct the election. A copy of the Ordinance
shall be made available to any voter upon request.
SECTION 8. The City Clerk is directed to file a certified copy of this resolution with the Board
of Supervisors of Santa Clara County and the Registrar of Voters of Santa Clara County
immediately upon its adoption and, in any event, not later than 88 days before November 6,
2018.
38
Resolution No. _____
Page 2
197526.1
SECTION 9. The City Manager is hereby authorized and directed to appropriate the necessary
funds to pay for the City of Cupertino’s cost of placing the measure on the election ballot and to
execute any necessary agreements with the County of Santa Clara for that election.
SECTION 10. In all particulars not recited in this Resolution, the election shall be held and
conducted as provided by applicable law.
SECTION 11. Notice of the time and place of holding the election is hereby given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 12. Certification. The City Clerk shall certify to the adoption of this resolution and
shall preserve it in the records of the District as required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this ___ day of ______, 2018, by the following vote:
Vote Members of the City Council
AYES :
NOTES :
ABSENT :
ABSTAIN :
ATTEST : APPROVED :
______________________ ______________________
Grace Schmidt, City Clerk Darcy Paul, Mayor
City of Cupertino
39
1
196788.1
ORDINANCE NO. ________
AN ORDINANCE OF THE PEOPLE OF THE CITY OF CUPERTINO
AMENDING CHAPTER 5.04 OF THE CUPERTINO MUNICIPAL
CODE REGARDING BUSINESS LICENSE TAXES, FEES, AND
CHARGES
The People of the City of Cupertino do ordain as follows:
SECTION 1. Chapter 5.04 of the Cupertino Municipal Code is hereby amended to read
as follows:
Chapter 5.04: Business Licenses Generally.
Section 5.04.010. Citation of Chapter.
The ordinance codified in this chapter may be referred to and cited as the “Business
License Tax Ordinance.”
Section 5.04.020 Definitions.
For purposes of this chapter, unless it is plainly evident from the context that different
meaning is intended, the following terms and phrases are defined as follows:
“Administrative Services Director” means the Administrative Services Director or his or
her designee.
“Appeals hearing board” means the City Manager or any person or body he or she
appoints to hear one or more appeals under this chapter.
“Applicant” means a person applying for a business license.
“Business” means any commercial or industrial enterprise, trade, profession, occupation,
vocation, calling, or livelihood, but not including the services rendered by an employee
for his employer. Independent contractors and the self-employed are also engaged in a
“business.”
“Business license” means a form issued by the City to evidence the City’s permission to
exercise the privilege of engaging in a particular business, as defined herein, subject to
the conditions hereinafter set forth.
40
2
196788.1
“Business license application fee” means the fee imposed under this chapter to recover
the City’s costs to process an application for a license under this chapter.
“Business license renewal application fee” means the fee imposed under this chapter to
recover the City’s costs to processing an application for renewal of a license under this
chapter.
“Business operator” means a person who maintains, manages, operates, controls,
engages in, conducts, carries on and/or owns a business regulated under this chapter.
“City” means either the City of Cupertino, a municipal corporation of the State of
California, in its present incorporated form or as in any later reorganized, consolidated,
enlarged or reincorporated form, or the territory of the City, as the context requires.
“CPI Index” means the Consumer Price Index-All Urban Consumers for All Items for the
San Francisco-Oakland-Hayward Area or any successor to that index designated by the
federal Bureau of Labor Statistics or the City Council.
“City Council” means the City Council of the City of Cupertino.
“Employee” means any of the following:
A. Any person who works for or under the direction of, or on behalf of, or as an agent
of, a business operator; or
B. Any independent contractor who uses a vehicle to sell or vend any goods, wares,
merchandise, products, or any other thing or representation of value furnished or
supplied either by or on behalf of a peddler business.
“Fixed place of business” means the premises occupied for the particular purpose of
conducting business, and regularly kept open for such purpose. Such term shall also
include a telephone answering service; provided, that the applicant has a contract or
agreement for services for six months or more. Applicants with such agreement or
contract shall pay tax and be licensed as are applicants having a fixed place of business.
“Licensee” means a person granted a license under this Chapter and in whose name the
business license is issued.
“Manager” means any person who is in charge of the operation of a business as agent of
the business operator.
41
3
196788.1
“Owner” means every person having more than a 10 percent interest — legal, equitable,
or otherwise — in any business.
Section 5.04.030 Common Meanings of Terms.
The various businesses, trades, professions, industries, occupations, callings and
activities herein provided to be licensed shall be defined in accordance with the meanings
and connotations generally given them by those engaged in such activities and as
recognized generally by the public.
Section 5.04.040 Application Procedures.
A. All licenses required by this chapter shall be subject to the procedures of this
chapter unless different procedures are specified for a license under another provision
of this Code.
B. All applications shall be accompanied by the applicable fee as set forth in the
schedule of fees established from time to time by City Council resolution.
Section 5.04.050 Separate license.
Every person shall be required to secure separate licenses under this chapter for each
and every separate place of business used by such person to conduct business in the
City.
Section 5.04.060 Exemptions.
Except as may be otherwise specifically provided in this chapter, the terms hereof shall
not be deemed or construed to apply to non-profit organizations, institutions,
corporations, or associations; persons or entities exempt from city taxation under state
or federal law; persons whose annual gross receipts from any and all business are one
thousand dollars or less; persons or entities whose sole business contact within the City
is the sale of goods or services to the City itself; public utilities operating under the
grant of a franchise and required to make franchise tax payments to the City; or any
person when imposition of the tax upon that person would violate the Constitution of
the United States or that of the State of California. The burden of proof of exempt status
is on the person claiming the exemption. Acceptable documentation must be provided
to support the claimed exemption on a form provided by the Administrative Services
Director for that purpose.
Section 5.04.070 Application.
42
4
196788.1
A. Every person required to have a license under the provisions of this chapter shall
submit an application to the Administrative Services Director on a form he or she shall
establish that reports:
1. The type of ownership of the business, i.e., whether individual, partnership,
a corporation or otherwise. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of incorporation,
together with the state and date of incorporation and the names and addresses of
each of its current officers and directors, and the name and address of its agent
for service of process;
2. The name under which the business is to be conducted;
3. The complete address and all telephone numbers of the business;
4. The name and address of the manager of the business;
5. The number of employees of the business;
6. The following personal information concerning the applicant, if an
individual; and concerning the manager or other person in charge of the
operation of the business:
a. Name, complete current residence address and residence telephone
numbers; and
b. The business history experience, including but not limited to, whether
or not the applicant in previously operating in this or another city, county
or state under a permit or license has had a permit or license denied,
revoked or suspended and the reasons therefor, and the business activities
or occupations subsequent to such action of denial, suspension or
revocation;
7. Such other information and identification of the person as the
Administrative Services Director considers necessary to administer this chapter;
and
8. Authorization for the Administrative Services Director to seek other
information that the Administrative Services Director considers necessary for a
43
5
196788.1
complete investigation and to conduct an investigation into the truth of the
statements set forth in the application, including, but not limited to, a criminal
history investigation with the California Department of Justice and other law
enforcement agencies.
B. Each applicant for a license shall properly complete an application, sign the same
and certify, under penalty of perjury, that the contents thereof are true and correct; or
sign and swear to the same before the Administrative Services Director. The
Administrative Services Director is hereby authorized to administer oaths in all matters
pertaining to the duties of their respective offices. The completed application shall be
submitted to the Administrative Services Director, who shall compute the license tax
due and issue the license on payment of that amount.
C. An application shall not be deemed complete until all the information required by
this section has been provided to the Administrative Services Director and the
prescribed fees and license tax have been paid.
Section 5.04.080 Investigation and determination.
A. Upon receiving the completed license application, the Administrative Services
Director shall investigate the applicant and application to determine whether a license
may issue under this chapter.
B. The Administrative Services Director shall also investigate the premises of the
business to ensure they comply with the requirements of this chapter and applicable
law.
C. The Administrative Services Director shall make a determination to approve or
deny the license within a reasonable period of time after the applicant has submitted a
completed application and paid the prescribed fees and tax. If the business is engaged
in expressive activities protected by the First Amendment to the U.S. Constitution, the
Administrative Services Director shall make his or her determination within three
business days of receipt of a complete application.
D. The Administrative Services Director may direct the Chief of Police to conduct a
criminal background investigation on any person applying for a license under this
chapter if there is probable cause to believe such person may have a criminal history
relevant to the business to be conducted or if other applicable law requires such an
investigation for the conduct of a particular business.
44
6
196788.1
Section 5.04.090 Denial, suspension or revocation.
A. An application for a license may be denied and a license issued pursuant to this
chapter may be suspended or revoked by the Administrative Services Director upon
any of the following grounds as to any of the persons identified in section 5.04.070:
1. Conviction of a crime, if the crime is substantially related to the
qualifications, functions, or duties of the business, profession or trade for
which the license is sought or issued;
2. Conviction for commission of acts involving dishonesty, fraud, or deceit;
3. Commission of acts which (i) would constitute a felony or (ii) would
constitute a crime if the crime is substantially related to the qualifications,
functions, or duties of the business, profession or trade for which the license
will be/was issued;
4. Knowingly making a false statement of fact or omitting a fact required to be
revealed in an application for the license, or in any amendment or report or
other information required to be made thereunder;
5. The premises in which the licensed activity will occur or the proposed use
for which the license is sought is in violation (i) of any building, zoning,
health, safety, fire, police or other provision of this Code or (ii) of county,
state or federal law which substantially affects the public health, welfare or
safety;
6. Violation of the terms and conditions of the license or other requirements of
this Code;
7. The applicant or licensee has owned or leased premises that have been the
subject of an administrative, civil or criminal nuisance abatement action and
court judgment or administrative determination finding the premises to be a
nuisance within the past five years and the applicant or licensee has not fully
discharged any obligations arising from that action or determination;
8. Failure to pay any disturbance response charge imposed pursuant to section
5.04.450 (Disturbance response charge);
9. A license application has been previously denied by the city or any state,
county or local agency on one or more of the grounds provided in this
section within five years before the date of the current application;
10. A permit or license issued by the city or any state, county or local agency has
been revoked or suspended within the past five years;
11. The licensee has conducted or proposes to conduct the licensed business in a
manner that creates a public nuisance, as defined in this Code or in sections
3479 and 3480 of the California Civil Code, on or within 150 feet of the
licensed premises; or
45
7
196788.1
12. The licensee fails to comply with a final court order or administrative action
of an investigatory agency finding a violation of applicable federal, state and
local wage and hour laws, including but not limited to, the Federal Fair Labor
Standards Act, the California Labor Code, and any local minimum wage
ordinance or living and prevailing wage requirements. For purposes of this
section, a final court order or administrative action is one as to which there is
either no pending appeal or the time for filing an appeal has passed and no
appeal was filed.
Section 5.04.100 Notice of intended decision.
A. Upon determining the existence of any of the grounds for denial, suspension, or
revocation of a license in accordance with section 5.04.090, the Administrative Services
Director may give the licensee a notice of intended decision to deny, suspend or revoke
the license.
B. The notice of intended decision shall state the grounds on which the denial,
suspension or revocation is based.
C. The notice of intended decision shall advise that the denial, suspension or revocation
shall become final unless the applicant or licensee files a written request for hearing
before the Administrative Services Director within the time period specified in section
5.04.490 (Procedure for hearing before the Administrative Services Director ).
D. The notice shall specify the effective date of intended decision.
Section 5.04.110 Issuance; contents.
The Administrative Services Director shall issue a license under this chapter for every
person liable for such license tax, and to state in each license the amount thereof, the
person to whom issued, the business licensed and the place where such business is to be
conducted. Unless otherwise proscribed in this chapter, a business license shall be issued
for a twelve-month period.
Section 5.04.120 Expiration Date.
Unless otherwise established by resolution of the City Council, all licenses shall
automatically expire at the end of the twelve-month for which they were issued.
Section 5.04.130 Time and Manner of payment.
Business license taxes shall be due and payable at the time of the commencement of
business activity by the licensee. Taxes for renewal of a business license shall be due and
46
8
196788.1
payable upon expiration of the prior license. All license fees and taxes under this chapter
shall be paid in advance in the legal currency of the United States at the office of the
Administrative Services Director.
Section 5.04.140 Renewal of license.
No license may be renewed unless:
A. An application for renewal of the license, together with the payment of the
prescribed license renewal fees and tax, is filed with the Administrative Services Director
before expiration of the current license; and
B. The licensee meets all of the requirements of this chapter.
C. If such application for renewal is not filed, or the license renewal fees or tax are not
paid, before expiration of a license, the license shall be deemed suspended until such time
as the application for renewal is filed, the renewal fees and tax, and if applicable,
penalties, paid and a new license has been issued.
Section 5.04.150 Penalty for late renewal.
Any person who fails for more than 30 calendar days after the expiration of any license
issued under this chapter to apply for renewal shall be required, during the first year of
delinquency, to pay a penalty of twenty (20) percent of the amount of the license tax plus
one (1) percent interest each month the renewal fee is not remitted until reaching one-
hundred (100) percent. During the second and third year of delinquency, no penalties
shall be applied; however, a one (1) percent interest will be charged monthly until the
renewal fee is remitted. Such penalty shall be collected by the Administrative Services
Director before issuance of a new license.
Section 5.04.160 Posting and exhibition of license.
A. Every licensee shall exhibit any license issued under this chapter in a conspicuous
public place on the premises named in the license, or on a vehicle described in the license,
while engaged in the subject business in the city.
B. Any license issued pursuant to this chapter shall be kept in a readily accessible place
and shown to any police officer, city inspector or other perso n upon request while
business is conducted in the city under that license.
Section 5.04.170 Transferability.
47
9
196788.1
A. No license under this chapter shall be valid except for the location /s for which
application was made and for which the license is issued. If a licensed business moves to
another location, the original license shall be presented to the Administrative Services
Director, together with a statement of such proposed relocation. The Administrative
Services Director may approve the transfer of the license to the new location under the
standards of this chapter for an initial license at that location.
B. No license under this chapter shall be transferred or assigned or authorize any person
other than the person named on the license. Rather, an application for license in the name
of the proposed transferee shall be presented to the Administrative Services Director,
who shall consider the application as provided in this chapter.
Section 5.04.180 Issuance of duplicates; mistakes by Administrative Services Director.
A. The Administrative Services Director shall make a charge for each duplicate
license issued to replace a license which has been lost or destroyed. Such charge shall be
in an amount set from time to time by resolution of the City Council.
B. In no case shall any mistake made by the Administrative Services Director in
stating the amount of the license tax prevent or prejudice the collection by the City of
what shall be actually due from anyone carrying on a business subject to a license under
this chapter.
Section 5.04.190 Imposition of tax—Business generally.
Unless otherwise specifically provided for in this chapter, every person carrying on a
business in the City shall pay an annual license tax based on the average number of
employees of the business in the City reported to the Employment Development
Department on form DE-9C (“Quarterly Contribution Return and Report of Wages”), or
any successor form designated by the Collector, in the four quarters before the date the
payment is due as follows:
A. A minimum base tax per year, plus an additional per employee tax per year , in the
amounts set forth below in paragraph B., subject to annual inflation adjustments set forth
in section 5.04.370. Part-time employees count as one-half of an employee. Calculations
resulting in a fraction shall be rounded up to the next largest whole number.
Notwithstanding the obligation to obtain a separate license for each location at which the
taxpayer does business, the tax shall be calculated on each taxpayer’s citywide workforce.
B. The tax shall be calculated as follows:
48
10
196788.1
Employee Range Base Rate Employee Rate
0–9 employees $150.00 $0.00
10–99 employees $500.00 $0.00
100–249 employees $500.00 $50.00
250–499 employees $500.00 $100.00
500–999 employees $500.00 $200.00
1,000–4,999 employees $500.00 $300.00
5,000+ employees $500.00 $425.00
C. For persons with a fixed place of business outside the City who send employees into
the City, the tax shall be apportioned to the fraction of the workforce located within the
City during the licensing period (i.e., number of employees x number of days / 365 days).
Section 5.04.200 Agents, solicitors and salespersons.
Each agent, solicitor, and salesperson selling or soliciting, or taking orders for the sale or
furnishing of any paintings, pictures, portraits, photographs, orders for advertising or for
any goods, wares, merchandise or service at retail, not otherwise provided herein when
not in connection with any fixed place of business within the City licensed under this
chapter, shall pay a business license tax of $140 per year subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.210 Amusement centers.
As used herein, the term “amusement center” means any place to which the public is
admitted or invited, where eight or more coin-or token-operated amusement machines
are maintained, operated or available for operation. Every person operating an
amusement center shall pay an annual business license tax of $278 dollars and $9.30 per
machine subject to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.220 Amusements generally.
49
11
196788.1
Every person operating a business where admission, fares, or a fee is charged or made,
or a collection or contribution is received (and which are not otherwise provided for in
this chapter) for entrance to amusements, such as exhibitions, shows, games, rides, tent
performances, ball games, dart games, illusions and other amusements or concessions
similar in character to those, or any of those herein before named, shall pay a business
license tax of $140 per day subject to annual inflation adjustments set forth in section
5.04.370. This section shall apply only to businesses whose operatio ns and presence in the
City are temporary or itinerant.
Section 5.04.230 Apartment houses and apartment complexes.
A. For purposes of this section, apartment house complex means two or more individual
buildings containing dwelling units located upon the same property, or on contiguous
property under the same ownership which are leased for occupancy by separate
households.
B. Every person owning apartment houses, or apartment house complexes, shall pay an
annual business license tax of $178 per year for up to four dwelling units, and $12.95 for
each additional dwelling unit subject to annual inflation adjustments set forth in section
5.04.370; provided, however, that the dwelling units used in computing the tax shall be
dwelling units rented or leased for occupancy by someone other than the owner.
Section 5.04.240 Seasonal lot sales.
Every person engaged in the business of seasonal lot sales shall pay an annual business
license tax of $278 subject to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.250 Concerts, circuses and performances.
Every person operating a concert, circus or other performance shall pay a business license
tax for the first day of $279 and $45.53 cents for each additional day subject to annual
inflation adjustments set forth in section 5.04.370.
Section 5.04.260 Lumberyard, building material yard, junkyard–Plant nurseries.
Every person owning or operating a business engaged in the sale of lumber, building
material, secondhand building material, junkyard, or outdoor yard of similar character,
or wholesale or retail nursery, shall pay a business license tax in accordance with the
following schedule:
A. A base annual tax of $140 dollars.
50
12
196788.1
B. In addition each person shall pay an annual tax of $9.30 per acre of space used for the
purposes set forth above.
C. These amounts are subject to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.270 Coin-operated device (persons engaged in the business of renting,
leasing or operating the same).
Every person engaged in the business of renting, leasing or operating coin-operated
vending machines, shall pay an annual tax of $140 per year and $9.30 per machine subject
to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.280 Contractors.
Every person engaged within the City of Cupertino in the business of contracting as a
general building contractor, electrical contractor, plumbing contractor, lathing and
plastering contractor, subcontractor, or specialty contractor, as those terms are defined
by state law, shall pay an annual tax of $140 per year subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.290 Home occupations.
Every person engaged in a home occupation, as defined by the zoning ordinance of the
City, shall pay an annual tax of $140 subject to annual inflation adjustments set forth in
section 5.04.370.
Section 5.04.300 Hotels, motels, auto courts, and lodging houses.
Every person engaged in the business of operating a hotel, motel, or lodging house, shall
pay an annual tax of $140 per year, plus $9.30 per room subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.310 Peddling.
Every person peddling any goods, food, wares, magazines, or merchandise not otherwise
provided for in this chapter, shall pay an annual tax of $278 subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.320 Rest, convalescent, guest and family care homes.
Unless otherwise exempted by state or federal law, every person operating a rest,
convalescent or guest home, or child care service, shall pay an annual tax of $278, subject
to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.330 Private schools.
51
13
196788.1
Every person operating a private school shall pay an annual tax of $278, subject to annual
inflation adjustments set forth in section 5.04.370.
Section 5.04.340 Taxicabs or automobiles for hire.
Every person engaged in the business of providing taxicabs or automobiles for hire shall
pay an annual tax of $140 per year for each vehicle operated in the City subject to annual
inflation adjustments set forth in section 5.04.370.
Section 5.04.350 Theaters and shows.
Every person engaged in the business of operating a theater, motion picture show,
playhouse, event, and all other shows or exhibitions (except those conducted in the open
or under canvas) not otherwise provided for in this chapter shall pay a n annual tax of
$278 per year plus $3.77 per seat subject to annual inflation adjustments set forth in
section 5.04.370.
Section 5.04.360 Small-Income Businesses.
Upon filing of an application for a small-income business license and an affidavit stating,
among other things, that the gross dollar volume of contemplated business would be
greater than one thousand dollars but less than five thousand dollars; and upon t he
finding and determination by the Administrative Services Director that the
representations are true and correct, the Administrative Services Director may order the
issuance of a small-income business license that shall be for the current calendar year and
shall be issued upon a payment of seventy-four dollars ninety-nine cents, subject to
annual inflation adjustments set forth in section 5.04.370.
Section 5.04.370 Annual adjustments for inflation.
Every tax stated in this chapter in a fixed sum shall be annually adjusted for inflation ,
commencing with taxes due on January 1, 2020, and every year thereafter by the increase
in CPI Index over the most recent 12-month period for which the Index has been
published. The Administrative Services Director shall calculate the adjusted tax amounts,
maintain them on file and available for public examination in his or her office and post
them to the City’s website sufficiently in advance of the tax due date to allow efficient
administration of the tax
Section 5.04.380 No refunds for cessation of business
A. All licenses shall be issued from the date set forth in the license and no licensee shall
be entitled to the refund of any portion of the tax paid by reason of cessation of such
licensed activity before the license expires.
52
14
196788.1
B. Any business required to cease activity within the City as the result of public
acquisition of the premises by any governmental agency, shall be entitled to a refund of
an amount prorated as to the time remaining under the license when the business activity
ceases. Such licensee shall file a verified claim with the Administrative Services Director
stating the date of and reason for cessation of business activity.
Section 5.04.390 Tax and fee obligations.
In addition to all other legal penalties, any person who engages in an y business for which
a license is required, without such license, whether or not such person would have
qualified for such license, shall be liable for the amount of all taxes and fees, penalties
and interest, applicable to a licensee.
Section 5.04.400 Collection of taxes by court action.
The amount of any license tax imposed by this chapter shall be deemed a debt to the City,
and any person carrying on any business under this chapter without having a license
from the City so to do shall be liable to an action in the name of the City in any court of
competent jurisdiction for the amount of license tax imposed on such business, together
with all penalties and interest then due thereon in any such action, and any cost the City
reasonably incurs to collect the tax, including attorneys’ fees which, if judgment is
recovered, shall be included and assessed as recoverable costs in such action.
Section 5.04.410 Powers and duties of Administrative Services Director.
A. The Administrative Services Director shall have the power and duty, and is hereby
directed, to enforce this chapter.
B. The Administrative Services Director shall have the power to adopt rules and
regulations not inconsistent with the provisions of this chapter for the purpose of
carrying out and enforcing the provisions of this chapter. A copy of any such rules and
regulations shall be on file and available for public examination in the Administrative
Services Director’s office and posted to the City’s website.
Section 5.04.420 Enforcement of chapter.
The Administrative Services Director shall appoint inspectors of licenses who are hereby
authorized to examine all places of business and persons in the City liable to pay a license
tax to see that such licenses are taken out; and shall have and exercise the following
powers and duties:
A. To citations or other notices of a violation of this chapter.
53
15
196788.1
B. To enter free of charge, at any time, any place of business for which a license is
required by this chapter and to demand the exhibition of such license for the current term
by any person engaged or employed in the transaction of such business, and if such
person shall fail to do so, he or she shall be liable for the penalties provided by this code
and other applicable law for a violation of this chapter.
Section 5.04.430 Liability of licensee.
A. The licensee shall be liable for every violation of this chapter committed by the
licensee or the licensee’s manager or employee.
B. Upon a violation of this chapter by an employee, the Administrative Services
Director may take enforcement action against the licensee, the employee of the licensee,
the manager who was present when the employee committed the violation, or any or all
of them.
C. Upon a violation of this chapter by a manager, the City may take enforcement action
against either or both the licensee and the manager.
Section 5.04.440 Cumulative remedies.
This chapter provides for administrative enforcement of its provisions, which are in
addition to all other legal remedies, administrative, criminal or civil, which may be
pursued by the City to address any violation of this chapter provided only that the City
may not recover any sum due under this chapter more than once.
Section 5.04.450 Disturbance response charge.
A. A disturbance response charge shall be imposed on the licensee of any business
premises operated pursuant to any license issued by an Administrative Services Director,
whenever the police department responds to any disturbance which is directly or
indirectly caused by a violation of the license.
B. The disturbance response charge shall be the actual cost of police services, including
but not limited to, personnel and equipment, incurred.
C. The bill of charges shall be served by the chief of police upon the licensee at the
licensed business premises within 30 calendar days after the response to a disturbance
which is directly or indirectly caused by a violation of the license.
54
16
196788.1
D. The bill of charges shall include a notice of the right of the person being charged to
request a hearing before the Administrative Services Director within 10 calendar days of
the date of service of the bill to dispute the imposition or amount of the charge.
E. Failure to timely request a hearing shall waive the right to a hearing.
Section 5.04.460 Informal procedure for resolution of an imminent threat.
A. When the Administrative Services Director determines that there is an imminent
threat to the public health, safety or welfare requiring immediate action, the
Administrative Services Director will attempt to informally contact the licensee by
telephone, in-person meeting, or by such other means of communication as the
Administrative Services Director deems appropriate, to discuss the threat. The
Administrative Services Director will further attempt to obtain the licensee’s commitment
to implement immediate voluntary compliance measures that will, in the judgment of the
Administrative Services Director, effectively abate the threat.
B. The requirements set out in paragraph A shall not prohibit the Administrative
Services Director from summarily suspending a license if:
1. The attempt to contact the licensee fails; or
2. The licensee fails or refuses to immediately implement voluntary compliance
measures that the Administrative Services Director deems will effectively abate the
threat; or
3. The Administrative Services Director determines that the compliance measures the
licensee implements are insufficient to effectively abate the threat; or
4. The Administrative Services Director determines that the threat is so urgent that
compliance with this section will further jeopardize the public health, safety, or welfare.
Section 5.04.470 Summary suspension.
A. If the Administrative Services Director determines there is an imminent threat to the
health, safety or welfare of the public as set out in Paragraph B below, a license may be
summarily suspended for up to 30 days.
B. The Administrative Services Director’s determination that there is an imminent
threat to the public health, safety or welfare shall be based on one or more of the
following:
55
17
196788.1
1. There is an urgent need to take immediate action to protect the public from a
substantial threat of serious bodily injury or death existing on or within 150 feet of the
licensed premises; or
2. There has been a violation of a license condition or other requirement of this
chapter that creates an imminent danger to the public health, safety or welfare on or
within 150 of the licensed premises; or
3. The licensee has conducted the licensed business in a manner that creates or
results in a public nuisance, as defined in this Code or in Sections 3479 and 3480 of the
California Civil Code, and that public nuisance creates an imminent danger to the public
health, safety or welfare on or within 150 of the licensed premises.
C. The summary suspension shall take effect immediately upon service of a written
notice of suspension by the Administrative Services Director including substantially the
following:
1. The effective date and duration of the suspension;
2. The grounds for the suspension;
3. The licensee may request a hearing on the suspension before the
Administrative Services Director;
4. The method to request a hearing before the Administrative Services
Director; and
5. The notice of summary suspension shall become final unless the
Administrative Services Director receives a written request for a hearing
from the licensee within the time period specified in Paragraph E.
D. The summary suspension shall remain in effect unless and until the Administrative
Services Director either:
1. Amends the notice of summary suspension to shorten its duration; or
2. Issues a decision after holding a hearing pursuant to the requirements of this
section that modifies or overrules the summary suspension.
E. To challenge a summary suspension, the licensee shall file a written request for a
hearing before the Administrative Services Director within three business days after
service of the notice of summary suspension. If the Administrative Services Director does
56
18
196788.1
not receive a request for a hearing from the licensee within this time period, the notice of
summary suspension shall be final.
F. The Administrative Services Director shall respond to the licensee’s request for a
hearing by holding a hearing to affirm, modify or overrule the summary suspension
within five business days of the licensee’s request for a hearing, unless the licensee
requests an extension of the time within which the Administrative Services Director can
hold the hearing. If the business is engaged in expressive activities protected by the First
Amendment to the U.S. Constitution, the Administrative Services Director shall respond
within one business day of receipt of a complete application.
G. The Administrative Services Director shall serve a written notice of hearing on the
licensee not later than two (2) business days after receiving the licensee’s written request
for a hearing. The notice of hearing shall contain the date, time and place at which the
hearing shall be conducted.
H. At the hearing before the Administrative Services Director, the licensee shall be
given the opportunity to present evidence that either rebuts the ground(s) for which the
summary suspension was issued or demonstrates that the reason or reasons leading to
the summary suspension have been mitigated or corrected.
I. The hearing will be conducted informally and technical rules of evidence shall not
apply. Any evidence the Administrative Services Director deems reliable, relevant and
not unduly repetitious may be considered.
J. The Administrative Services Director shall issue a decision which affirms, modifies
or overrules the summary suspension, as specified in Paragraph K. If the Administrative
Services Director affirms or modifies the summary suspension, he or she may impose
additional conditions upon the license to protect the health, safety or welfare of the
public, to prevent the conduct or condition that led to the summary suspension , or
otherwise to achieve compliance with this chapter.
K. The Administrative Services Director shall issue an oral decision upon the close of
the hearing or may communicate the decision by telephone, within 24 hours of the close
of the hearing. The Administrative Services Director shall also serve the licensee with a
written decision within 3 business days of the close of the hearing.
L. Following the service of a written decision, a licensee who is dissatisfied with the
Administrative Services Director’s decision shall have a choice of either filing an appeal
57
19
196788.1
with the appeals hearing board under the terms set out in section 5.04.510 (Appeal to
appeals hearing board) or accepting the decision as final and seeking judicial review
pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. If the
licensee is dissatisfied with the decision by the Administrative Services Director and
chooses to have an appeal hearing with the appeals hearing board, the decision by the
appeals hearing board shall be final for purposes of judicial review pursuant to Section
1094.6 of the Code of Civil Procedure of the State of California.
Section 5.04.480 Method of service.
A. All written notices and decisions required by this section shall be served either by
personal delivery or by deposit in the United States Mail, in a sealed envelope postage
prepaid, to the address of such person last known to the Administrative Services Director.
Service by mail shall be deemed to have been completed upon mailing. Alternatively, any
written notice required by this section may be served by conspicuously posting a copy of
the written notice at the licensed premises.
B. The failure of any licensee to receive any notice required under this part shall not
affect the validity of any proceedings taken under this part provided notice is given as
provided in this chapter.
Section 5.04.490 Procedure for hearing before the Administrative Services Director.
A. The written request for a hearing before the Administrative Services Director must
be received by the Administrative Services Director within 10 calendar days of the date
of service of a notice of intended decision to deny, suspend or revoke the license.
B. The Administrative Services Director shall schedule a hearing which shall be held
no later than 30 calendar days after receipt of a timely request for hearing. If the business
is engaged in expressive activities protected by the First Amendment to the U.S.
Constitution, the Administrative Services Director shall set the hearing within five
business days of a timely request for a hearing.
C. The Administrative Services Director shall serve a notice of hearing on the applicant
or licensee not later than 10 calendar days before the hearing date earing. If the business
is engaged in expressive activities protected by the First Amendment to the U.S.
Constitution, the Administrative Services Director shall serve that notice not later than
two business days before the hearing date.
58
20
196788.1
D. The appellant shall have opportunity to present witnesses and documentary
evidence at the hearing.
E. The hearing will be conducted informally and the technical rules of evidence shall
not apply. Any evidence the Administrative Services Director deems reliable, relevant
and not unduly repetitious may be considered.
F. Issuance of a written notice of cancellation of an insurance policy by its issuer shall
be conclusive proof of that cancellation.
Section 5.04.500 Decision of the Administrative Services Director.
A. Within 20 calendar days after the hearing, the Administrative Services Director shall
serve a written decision sustaining, reversing or modifying his or her intended decision
on the applicant or licensee. If the licensed business involves expressive conduct
protected by the First Amendment to the U.S. Constitution and comparable provisions of
state law, the decision shall be rendered within five business days of the hearing.
B. The decision by the Administrative Services Director after hearing shall become final
unless the applicant or licensee files an appeal with the appeals hearing board within the
time period specified in paragraph B of Section 5.04.510.
Section 5.04.510 Appeal to appeals hearing board.
A. If an applicant or licensee is dissatisfied with the written decision of the
Administrative Services Director, he or she may appeal to the appeals hearing board.
B. The appeal must be in writing on a form provided by the appeals hearing board and
received by the secretary of the appeals hearing board within 15 calendar days of the date
of the Administrative Services Director’s decision.
C. The appeal hearing shall be conducted in accordance with any rules and regulations
of the appeals hearing board or, in the absence of such rules, in accordance with section
5.04.490 of this chapter.
D. The written decision of the appeals hearing board shall be final when served on
the appellant and shall be the final decision of the City, subject to judicial review pursuant
to Code of Civil Procedure section 1094.5.
Section 5.04.520 Constitutionality and Legality; Gann Limit.
59
21
196788.1
A. This tax is intended to be applied consistently with the United States and
California Constitutions, and state law. The tax shall not be applied so as to cause an
undue burden upon interstate commerce, a violation of the equal protection and due
process clauses of the Constitutions of the United States or the State of California, to
constitute a special tax, or to cause a violation of any other provision of applicable law.
B. Pursuant to California Constitution, article XIII B, the appropriation limit for the
City is hereby increased to the maximum extent over the maximum period of time
allowed under law by the amount of the revenues generated by the tax.
SECTION 2. Amendment of Ordinance.
This Ordinance may be repealed or amended by the City Council without a vote of the
People in any manner which does not constitute a tax “increase” as that term is defined
in Government Code section 53750. In particular, and without limitation, the City Council
may lower a tax rate or amount under this Ordinance and raise it again to the level
authorized by this Ordinance without further voter approval.
SECTION 3. Severability.
If any section, sentence, clause, phrase, or portion of this Ordinance is held to be invalid
or unenforceable by a court of competent jurisdiction for any reason, the remaining
sections, sentences, clauses, phrases, or portions of this ordinance shall none theless
remain in full force and effect. The People of the City of Cupertino hereby declare that
they would have adopted each section, sentence, clause, phrase, or portion of this
Ordinance, irrespective of the fact that any one or more sections, sentences , clauses,
phrases, or portions of this Ordinance be declared invalid or unenforceable and, to that
end, the provisions of this Ordinance are severable.
SECTION 4. General Tax; Majority Approval; Effective Date
The tax imposed by this Ordinance is a general tax for general governmental purposes.
The proceeds from the tax imposed by this Ordinance shall be for unrestricted general
revenue purposes of the City and shall be accounted in the general fund of the City.
Nothing in this Ordinance shall constitute the tax imposed under this Ordinance as a
special tax, or bind the City to use the proceeds for any specific purpose or function; the
City Council shall retain discretion to expend the proceeds of the tax for any lawful
purpose of the City.
If a majority of voters casting votes on the question are in favor of the ballot measure
regarding this Ordinance, this Ordinance shall be adopted upon the date the vote therefor
60
22
196788.1
is declared by the City Council and shall go into effect 10 days thereafter in accordan ce
with California Elections Code Section 9217.
SECTION 5. Audit and Review. The proceeds of the tax imposed by this Ordinance, as
well as the expenditure thereof, shall be audited annually by an independent accounting
firm. The City Council shall discuss the results of such audit at a meeting of the City
Council that is open to the public. The report of such audit shall be posted on the City ’s
website.
SECTION 6. California Environmental Quality Act Requirements.
This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public
Resources Code section 21000 et seq., because it can be seen with certainty that there is
no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378, subd. (b)(4) and
15061, subd. (b)(3)), and because the Ordinance involves the approval of government
revenues to fund existing services (Pub. Resources Code § 21080, subd. (b)(8); CEQA
Guidelines § 15273, subd. (a)(4)).
SECTION 7. Execution of Ordinance.
The People of the City of Cupertino hereby authorize the Mayor and City Clerk of the
City to execute this Ordinance to reflect its adoption at the November 6, 2018 election.
I hereby certify that the foregoing ordinance was duly adopted by a majority of the voters
of the City casting votes on the question on [Date].
__________________ __________________
Darcy Paul (date)
Mayor
ATTEST:
__________________ __________________
Grace Schmidt (date)
City Clerk
61
1
196788.1
Chapter 5.04: Business Licenses Generally.
Section 5.04.010 Citation of Chapter.
The ordinance codified in this chapter may be referred to and cited as the “Business
License Tax Ordinance.”
Section 5.04.020 Scope of Chapter–Effect on Other Regulations.
This chapter is enacted pursuant to the authority granted to the City Council under
Section 37101 of the California Government Code, to license for revenue, every kind of
lawful business, profession or trade in the City. This chapter is enacted solely to raise
revenue for municipal purposes and is not intended to license or tax for regulation.
Except as provided otherwise in this chapter, any person required to pay a business
license tax for transacting and carrying any business under this chapter shall not be
relieved from the payment of such business license tax, notwithstanding that such
business is not in compliance with zoning, health, safety and other regulations of this
code or other regulatory provisions of law. Compliance with the provisions of this
chapter shall not constitute evidence that such business is in compliance with any other
such regulation or provision of law.
Section 5.04.030 Definitions.
For purposes of this chapter, unless it is plainly evident from the context that different
meaning is intended, certain terms and phrases used herein are defined as follows:
“Administrative Services Director” means the Administrative Services Director or his or
her designee.
“Appeals hearing board” means the City Manager or any person or body he or she
appoints to hear one or more appeals under this chapter.
“Applicant” means a person who is in the process of applying for a business license which
is yet to be issued.
“Business” includes professions, trades and occupations, and all and every kind of
calling whether or not carried on for gain or profit, but shall not include the services
rendered by an employee for his employer.means any commercial or industrial
enterprise, trade, profession, occupation, vocation, calling, or livelihood, but not
including the services rendered by an employee for his employer. Independent
contractors and the self-employed are also engaged in a “business.”
62
2
196788.1
“Business license” means the officially signed form issued as evidence of the City’s
having granted permission to exercise the privilege of engaging in a particular business,
as defined herein, subject to the conditions hereinafter set forth.means a form issued by
the City to evidence the City’s permission to exercise the privilege of engaging in a
particular business, as defined herein, subject to the conditions hereinafter set forth.
“Business license application fee” means the fee imposed under this chapter to recover
the City’s costs to process an application for a license under this chapter.
“Business license renewal application fee” means the fee imposed under this chapter to
recover the City’s costs to processing an application for renewal of a license under this
chapter.
“Business license tax” means the revenue raised or to be raised from the issuance of a
business license pursuant to this chapter. “Business license tax” shall be deemed
synonymous with the term “privilege tax,” and shall not supplant any other tax, levy or
fee imposed or which may be imposed by the City.
“Business operator” means a person who maintains, manages, operates, controls,
engages in, conducts, carries on and/or owns a business regulated under this chapter.
“City” means either the City of Cupertino, a municipal corporation of the State of
California, in its present incorporated form or as in any later reorganized, consolidated,
enlarged or reincorporated form, or the territory of the City, as the context requires.
“CPI Index” means the Consumer Price Index-All Urban Consumers for All Items for the
San Francisco-Oakland-Hayward Area or any successor to that index designated by the
federal Bureau of Labor Statistics or the City Council.
“City Council” means the duly elected members of the City Council of the City of
Cupertino.
“Employee” means any of the following:
A. Any person who works for or under the direction of, or on behalf of, or as an agent
of, a business operator; or
63
3
196788.1
B. Any independent contractor who uses a vehicle to sell or vend any goods, wares,
merchandise, products, or any other thing or representation of value furnished or
supplied either by or on behalf of a peddler business.
“Fixed place of business” means the premises occupied for the particular purpose of
conducting business, and regularly kept open for such purpose. Such term shall also
include a telephone answering service; provided, that the applicant has a contract or
agreement for services for six months or more. Applicants with such agreement or
contract shall pay tax and be licensed as are applicants having a fixed place of business.
“Licensee” means that a person who makes application for a business license which is
subsequently approved granted a license under this Chapter and in whose name the
business license is issued.
“Manager” means that person who is in charge of the operation of a business as agent of
the business operator.
“Owner” means every person having more than a 10 percent interest — legal, equitable,
or otherwise — in any business.
“Person” means any individual, firm, partnership, joint venture, association, social club,
fraternal organization, joint stock company, corporation, estate, trust business trust,
receiver, trustee, syndicate, or any other group or combination acting as a unit, foreign or
domestic.
“Sworn statement” means an affidavit sworn to before a person authorized to take oaths,
or a declaration or certification made under penalty of perjury.
5.04.040 Terminology.
The various businesses, trades, professions, industries occupations, callings and
activities herein provided to be licensed shall be defined in accordance with the
meanings and connotations generally given them by those engaged in such activities
and as recognized generally by the public.
5.04.050 Interpretations by the Collector.
For the purpose of this chapter, certain words and phrases are defined and certain
provisions shall be construed as herein set forth, unless it is apparent from their context
that a different meaning is intended. Interpretations, meanings and decisions shall be
those of the Collector, subject only to rights of appeal to the City Council as afforded by
this chapter.
64
4
196788.1
5.04.060 City Council–Powers and duties.
All powers and duties inherent to a City Council of a general law city rest with the City
Council. Such powers and duties include but are not limited to the hearing of appeals
from persons aggrieved by any decision of the Collector, the establishment of equitable
tax rates for the various businesses and activities, and the amendment of this chapter by
due process of law.
5.04.070 Collector–Powers and Duties.
There is conferred upon the Collector those powers and duties necessary for the
administration of this chapter. In addition, there is also conferred upon the Collector
the authority and power to designate such City officers and employees as may be
required to carry out the intent and purposes of this chapter, and to promulgate and
adopt rules and regulations not inconsistent with the provisions contained herein.
5.04.080 License–Required.
There is imposed upon all businesses conducted within the City, excepting those as
may be exempted under Section 5.04.110 of this chapter, a business license tax in an
amount hereinafter prescribed. It is unlawful for any person to transact or carry on
business within the City without first having procured a business license from the City
and paying the tax hereinafter prescribed or without complying with any and all
applicable provisions of this chapter. This section shall not be construed to require any
person to pay a business license tax prior to doing business within the City if such
requirement conflicts with applicable statutes of the United States or of the State of
California. No license shall be issued hereunder until all applicable regulations and
ordinances of the City have been complied with.
5.04.090 Evidence of Doing Business.
When any person, by the use of signs, circulars, cards, a telephone book, newspapers,
radio, television or handouts advertises or represents that s/he is in business in the City,
or when any person holds an active license or permit issued by any governmental
agency indicating that s/he is in business in the City, or when any person makes a sale,
takes an order, renders a commercial service, or performs any other similar act within
the City, then these facts shall be considered prima facie evidence that the person is
conducting a business in the City.
5.04.100 Adjustments for Businesses Acting in Interstate Commerce.
None of the business license taxes provided for by this chapter shall be applied as to
occasion an undue burden upon interstate commerce. In any case where a business
65
5
196788.1
license tax is believed by an applicant or licensee to place an undue burden upon such
commerce, he may apply to the Collector for an adjustment of the tax so that it shall not
be discriminatory or unreasonable as to such commerce. Such application may be made
before, at, or within six months after payment of the prescribed tax. The applicant shall,
by sworn statement and supporting evidence, show such information as the Collector
may deem necessary in order to determine the extent, if any, of such undue burden or
violation. The Collector shall conduct an investigation and after having first obtained
the written approval of the City Attorney, may fix as the license tax for the applicant or
licensee an amount that is reasonable and nondiscriminatory, or, if the tax has already
been paid, may order a refund of the amount over and above the prescribed tax. In
adjusting the prescribed tax, the Collector shall assess an amount which is uniform with
that which is assessed on businesses of like nature, provided that the amount assessed
does not exceed the prescribed tax. Any adjustment or determination by the Collector
under this section is subject only to rights of appeal to the City Council as afforded by
this chapter.
5.04.110 Exemptions.
The following persons or activities shall be exempt from business license tax prescribed
by this chapter.
A. Any person transacting or carrying on any business which is exempt by virtue of
the Constitution or applicable statutes of the United States or of the State of California;
B. Any person who is himself exempt from this chapter by virtue of the Constitution
or applicable statutes of the United States or of the State of California;
C. Any public utility making franchise payments to the City;
D. Any person conducting any business, which is carried on wholly for charitable,
educational, fraternal, political, recreational or religious purposes and from which profit
is not derived directly or indirectly, by any individual, fine or corporation; provided,
that nothing in this section shall be deemed to exempt any person from complying with
any other provisions of this code or any other ordinance of the City requiring a permit
to be issued by the City Council, any commission or officer of the City;
E. Any person whose sole business contact within the City is the sale of goods or
services to the City itself,
F. Every natural person whose annual gross receipts from any and all business are
one thousand dollars or less. The amount above described shall be modified
concurrently with any changes made by the Social Security Administrator regulating
allowable earnings not affecting payment of social security retirement benefits.
(Ord. 1612, § 1 (part), 1992)
5.04.120 Application for Exemption–Revocation.
66
6
196788.1
A. Any person claiming an exemption pursuant to this chapter shall file a sworn
statement with the Collector stating the facts upon which exemption is claimed. The
Collector shall, upon a proper showing contained in the verified statement, issue a
license to such person claiming exemption under this chapter without payment to the
City of the business license tax required by this chapter.
B. The Collector, after giving notice and a reasonable opportunity for hearing to a
licensee, may revoke any license granted pursuant to the provisions of this chapter
upon information that the licensee is not entitled to the exemption as provided herein.
C. The determination of the Collector as to whether a business license should be
granted or revoked under this section is subject only to rights of appeal to the City
Council as afforded by this chapter.
5.04.130 Business Type–Separate Licenses Required.
A separate license must be obtained for each separate type of business at the same
location. Each license shall authorize the licensee to transact and carry on only the
business licensed thereby at the location or in the manner designated in such license,
provided that warehouses and distributing plants used in connection with and
incidental to a business licensed under the provisions of this chapter shall not be
deemed to be a separate business.
5.04.140 Posting, Display Required.
All business licenses issued by the City pursuant to this chapter shall be posted by a
licensee with a fixed place of business in a conspicuous place upon the premises where
such business is conducted. Any licensee who does not have a fixed place of business
shall keep the license upon his person at all times while transacting or carrying on the
business for which it was issued.
5.04.150 License Nontransferable.
No business license issued pursuant to this chapter shall be transferable when a
license has been issued authorizing a specifically named person to transact or carry on a
business at a specific location. The license may, upon application in writing and the
payment of a prescribed processing fee, have such license amended to include any
change of name, type of business, or address.
5.04.160 Renewal License.
The Collector may issue a renewal of a license without requiring the licensee to submit
a new application; provided, however, the licensee has paid the tax imposed by this
chapter and there has been no change in the conditions upon which the license is based.
67
7
196788.1
5.04.170 Duplicate License.
A duplicate business license may be issued by the Collector to replace any license
previously issued hereunder which has been lost or destroyed upon licensee’s filing a
statement of such fact and the payment of a prescribed processing fee.
5.04.180 Statements and Records.
No statements filed with the Collector shall be conclusive as to the matters set forth
therein, nor shall the filing of the same preclude the City from collecting by appropriate
action such sum as is actually due and payable hereunder. Such statement and each of
the several items therein contained shall be subject to audit and verification by the
Collector, who is authorized to examine, audit and inspect such books and records of
any licensee or applicant as may be necessary in his judgment to verify or ascertain the
amount of license tax or fee due.
5.04.190 Failure to File Statements or Corrected Statement–Effect.
A. If any person fails to file any required statement within the time prescribed, or if
after demand therefor made by the Collector s/he fails to file a corrected statement, or if
any person subject to the tax or fee imposed by this chapter fails to apply for a license,
the Collector may determine the amount of license tax due from such person by means
of such information as s/he may be able to obtain.
B. If the Collector is not satisfied with the information supplied in statements or
applications filed, he may determine the amount of any license tax or fee due by means
of any information he may be able to obtain.
C. If such a determination is made, the Collector shall give notice of the amount so
assessed by serving it personally or by depositing it in the United States Post Office at
Cupertino, California, postage prepaid, addressed to the person so assessed at his/her
last known address.
D. Determinations of the Collector under this section are subject only to rights of
appeal to the City Council as afforded by this chapter.
5.04.200 Time of Payment.
Business license taxes shall be due and payable at the time of the commencement of
business activity by the licensee. Taxes for renewal of a business license shall be due
and payable upon expiration of the prior license. No business license tax shall be
refundable by reason of the cessation of business during the license period.
5.04.210 Issuance Period.
Unless otherwise proscribed in this chapter, a business license shall be issued for a
twelve-month period and shall automatically expire at the end of said period.
68
8
196788.1
5.04.230 Overpayment Refund.
No refund for an overpayment of taxes imposed by this chapter shall be allowed in
whole or in part unless a claim for refund, in writing, is filed with the Collector within a
period of six months from the last day of the calendar month following the period for
which overpayment was made. Upon the filing of such a claim and when s/he
determines that an overpayment has been made, the Collector may refund the amount
overpaid.
5.04.240 Tax Constitutes a Debt to City–Collection of Unpaid Taxes.
The amount of any license tax imposed by this chapter shall be deemed a debt to the
City. Any person carrying on any business covered in this chapter without having
lawfully procured a license from the City to do so shall be liable to the City. The
Collector is authorized to cause to be filed a civil action in the name of the City in any
court of competent jurisdiction for the amount of the required license tax, together with
any penalties thereon and costs of suit.
5.04.250 Interest and Penalties.
A. Interest. Any person who fails to pay any tax required to be paid by this chapter
shall pay interest at the rate of one percent per month, or fraction thereof, on the
amount of the tax, exclusive of penalties, from the date on which the tax first becomes
due and payable until paid. Interest shall run during any period of time for which an
extension of time has been granted by the City for payment of the tax. Interest required
by any of the provisions of this chapter shall be subject to waiver or compromise by the
Collector. The interest shall not be compounded, but shall be on principle only.
B. Penalties. All taxes imposed by this chapter shall be subject to the following
penalties:
1. Delinquency. Any person who fails to pay any tax, or any fraction thereof
required to be paid by this chapter within the time required, shall pay a penalty of
twenty percent per month of the amount of unpaid tax. Such penalty shall not exceed
one hundred percent of the tax for any calendar year for each year that the tax is
unpaid. This penalty shall accrue on the first day of each calendar month for which the
tax remains unpaid.
2. Fraud. If the Collector, after notice to the applicant or licensee and hearing,
determines that the nonpayment of any tax due under this chapter is due to fraud, a
penalty of ninety percent of the amount of the unpaid tax shall be added thereto, in
addition to any other penalties set forth in this section. Where after notice and hearing
to the applicant or licensee, the Collector determines that a corporate officer, director or
shareholder is responsible for the fraud resulting in the nonpayment of the tax of a
69
9
196788.1
corporation, the Collector may designate the tax, interest and penalties unpaid,
including the penalty provided for in this subsection due to such fraud, as a personal
debt of the officer, director or shareholder.
3. Merger of Interest and Penalties. Such interest as is accrued, and every penalty
imposed under the provisions of this section, shall become a part of the tax required to
be paid under this chapter.
4. Penalties on Principle. All penalties imposed hereunder shall be calculated on
principle only, and shall not be compounded.
5.04.260 Sworn Statements Required by Chapter Not Conclusive–Information
Confidential.
No statements set forth in any sworn statement required or permitted by this chapter
shall be conclusive as to the matters set forth therein, nor shall the filing of the
statement preclude the City from collecting by appropriate action such sum as is
actually due and payable under this chapter. Such statements and each of the several
items therein contained shall be subject to review and verification by the Collector.
Information furnished or secured pursuant to such statements which relate to the
amount of tax to be assessed against the applicant or licensee shall be confidential and
shall not be made available to the public.
5.04.270 Extension of Time for Filing Sworn Statement.
The Collector may, for good cause shown, extend the time for filing any sworn
statement required or permitted under this chapter for a period not to exceed thirty
days, and may waive any penalty that would otherwise have accrued.
5.04.280 Imposition of Tax –Business Generally.
Every person engaged in a business not specifically mentioned or classified in this
chapter, within the City of Cupertino, shall pay a business license tax in accordance
with the following schedule:
A. A basic tax of seventy-five dollars per year;
B. In addition, each such person shall pay a fee as follows:
Square Feet Rate per Square Foot
0-5,000 .0200
5,001-25,000 .0175
25,001-75,000 .0150
75,001-100,000 .0125
100,001-150,000 .0100
150,001 and above .0025
70
10
196788.1
This amount shall increase annually from 1992 based on the indexing formula in
Section 5.04.460 of this code.
For purposes of this section, “floor area” means the total floor space in terms of square
footage occupied by an owner, lessee or tenant in a building, less fifteen percent. This
adjustment allows for elevator shafts, stairwells, courts or atria (uncovered and open to
the sky), and rooms exclusively housing building operating equipment.
Section 5.04.040 Common Meanings of Terms.
The various businesses, trades, professions, industries, occupations, callings and
activities herein provided to be licensed shall be defined in accordance with the meanings
and connotations generally given them by those engaged in such activities and as
recognized generally by the public.
Section 5.04.050 Application Procedures.
A. All licenses required by this chapter shall be subject to the procedures of this
chapter unless different procedures are specified for a license under another provision
of this Code.
B. All applications shall be accompanied by the applicable fee as set forth in the
schedule of fees established from time to time by City Council resolution.
Section 5.04.060 Separate license.
Every person shall be required to secure separate licenses under this chapter for each
and every separate place of business used by such person to conduct business in the
City.
Section 5.04.070 Exemptions.
Except as may be otherwise specifically provided in this chapter, the terms hereof shall
not be deemed or construed to apply to non-profit organizations, institutions,
corporations, or associations; persons or entities exempt from city taxation under state
or federal law; persons whose annual gross receipts from any and all business are one
thousand dollars or less; persons or entities whose sole business contact within the City
is the sale of goods or services to the City itself; public utilities operating under the
grant of a franchise and required to make franchise tax payments to the City; or any
person when imposition of the tax upon that person would violate the Constitution of
the United States or that of the State of California. The burden of proof of exempt status
is on the person claiming the exemption. Acceptable documentation must be provided
71
11
196788.1
to support the claimed exemption on a form provided by the Administrative Services
Director for that purpose.
Section 5.04.080 Application.
A. Every person required to have a license under the provisions of this chapter shall
submit an application to the Administrative Services Director on a form he or she shall
establish that reports:
1. The type of ownership of the business, i.e., whether individual, partnership,
a corporation or otherwise. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of incorporation,
together with the state and date of incorporation and the names and addresses of
each of its current officers and directors, and the name and address of its agent
for service of process;
2. The name under which the business is to be conducted;
3. The complete address and all telephone numbers of the business;
4. The name and address of the manager of the business;
5. The number of employees of the business;
6. The following personal information concerning the applicant, if an
individual; and concerning the manager or other person in charge of the
operation of the business:
a. Name, complete current residence address and residence telephone
numbers; and
b. The business history experience, including but not limited to, whether
or not the applicant in previously operating in this or another city, county
or state under a permit or license has had a permit or license denied,
revoked or suspended and the reasons therefor, and the business activities
or occupations subsequent to such action of denial, suspension or
revocation;
72
12
196788.1
7. Such other information and identification of the person as the
Administrative Services Director considers necessary to administer this chapter;
and
8. Authorization for the Administrative Services Director to seek other
information that the Administrative Services Director considers necessary for a
complete investigation and to conduct an investigation into the truth of the
statements set forth in the application, including, but not limited to, a criminal
history investigation with the California Department of Justice and other law
enforcement agencies.
B. Each applicant for a license shall properly complete an application, sign the same
and certify, under penalty of perjury, that the contents thereof are true and correct; or
sign and swear to the same before the Administrative Services Director. The
Administrative Services Director is hereby authorized to administer oaths in all matters
pertaining to the duties of their respective offices. The completed application shall be
submitted to the Administrative Services Director, who shall compute the license tax
due and issue the license on payment of that amount.
C. An application shall not be deemed complete until all the information required by
this section has been provided to the Administrative Services Director and the
prescribed fees and license tax have been paid.
Section 5.04.090 Investigation and determination.
A. Upon receiving the completed license application, the Administrative Services
Director shall investigate the applicant and application to determine whether a license
may issue under this chapter.
B. The Administrative Services Director shall also investigate the premises of the
business to ensure they comply with the requirements of this chapter and applicable
law.
C. The Administrative Services Director shall make a determination to approve or
deny the license within a reasonable period of time after the applicant has submitted a
completed application and paid the prescribed fees and tax. If the business is engaged
in expressive activities protected by the First Amendment to the U.S. Constitution, the
Administrative Services Director shall make his or her determination within three
business days of receipt of a complete application.
73
13
196788.1
D. The Administrative Services Director may direct the Chief of Police to conduct a
criminal background investigation on any person applying for a license under this
chapter if there is probable cause to believe such person may have a criminal history
relevant to the business to be conducted or if other applicable law requires such an
investigation for the conduct of a particular business.
Section 5.04.100 Denial, suspension or revocation.
A. An application for a license may be denied and a license issued pursuant to this
chapter may be suspended or revoked by the Administrative Services Director upon
any of the following grounds as to any of the persons identified in section 5.04.070:
1. Conviction of a crime, if the crime is substantially related to the
qualifications, functions, or duties of the business, profession or trade for
which the license is sought or issued;
2. Conviction for commission of acts involving dishonesty, fraud, or deceit;
3. Commission of acts which (i) would constitute a felony or (ii) would
constitute a crime if the crime is substantially related to the qualifications,
functions, or duties of the business, profession or trade for which the license
will be/was issued;
4. Knowingly making a false statement of fact or omitting a fact required to be
revealed in an application for the license, or in any amendment or report or
other information required to be made thereunder;
5. The premises in which the licensed activity will occur or the proposed use
for which the license is sought is in violation (i) of any building, zoning,
health, safety, fire, police or other provision of this Code or (ii) of county,
state or federal law which substantially affects the public health, welfare or
safety;
6. Violation of the terms and conditions of the license or other requirements of
this Code;
7. The applicant or licensee has owned or leased premises that have been the
subject of an administrative, civil or criminal nuisance abatement action and
court judgment or administrative determination finding the premises to be a
nuisance within the past five years and the applicant or licensee has not fully
discharged any obligations arising from that action or determination;
8. Failure to pay any disturbance response charge imposed pursuant to section
5.04.450 (Disturbance response charge);
9. A license application has been previously denied by the city or any state,
county or local agency on one or more of the grounds provided in this
section within five years before the date of the current application;
74
14
196788.1
10. A permit or license issued by the city or any state, county or local agency has
been revoked or suspended within the past five years;
11. The licensee has conducted or proposes to conduct the licensed business in a
manner that creates a public nuisance, as defined in this Code or in sections
3479 and 3480 of the California Civil Code, on or within 150 feet of the
licensed premises; or
12. The licensee fails to comply with a final court order or administrative action
of an investigatory agency finding a violation of applicable federal, state and
local wage and hour laws, including but not limited to, the Federal Fair Labor
Standards Act, the California Labor Code, and any local minimum wage
ordinance or living and prevailing wage requirements. For purposes of this
section, a final court order or administrative action is one as to which there is
either no pending appeal or the time for filing an appeal has passed and no
appeal was filed.
Section 5.04.110 Notice of intended decision.
A. Upon determining the existence of any of the grounds for denial, suspension, or
revocation of a license in accordance with section 5.04.090, the Administrative Services
Director may give the licensee a notice of intended decision to deny, suspend or revoke
the license.
B. The notice of intended decision shall state the grounds on which the denial,
suspension or revocation is based.
C. The notice of intended decision shall advise that the denial, suspension or revocation
shall become final unless the applicant or licensee files a written request for hearing
before the Administrative Services Director within the time period specified in section
5.04.490 (Procedure for hearing before the Administrative Services Director).
D. The notice shall specify the effective date of intended decision.
Section 5.04.120 Issuance; contents.
The Administrative Services Director shall issue a license under this chapter for every
person liable for such license tax, and to state in each license the amount thereof, the
person to whom issued, the business licensed and the place where such business is to be
conducted. Unless otherwise proscribed in this chapter, a business license shall be issued
for a twelve-month period.
Section 5.04.130 Expiration Date.
75
15
196788.1
Unless otherwise established by resolution of the City Council, all licenses shall
automatically expire at the end of the twelve-month for which they were issued.
Section 5.04.140 Time and Manner of payment.
Business license taxes shall be due and payable at the time of the commencement of
business activity by the licensee. Taxes for renewal of a business license shall be due and
payable upon expiration of the prior license. All license fees and taxes under this chapter
shall be paid in advance in the legal currency of the United States at the office of the
Administrative Services Director.
Section 5.04.150 Renewal of license.
No license may be renewed unless:
A. An application for renewal of the license, together with the payment of the
prescribed license renewal fees and tax, is filed with the Administrative Services Director
before expiration of the current license; and
B. The licensee meets all of the requirements of this chapter.
C. If such application for renewal is not filed, or the license renewal fees or tax are not
paid, before expiration of a license, the license shall be deemed suspended until such time
as the application for renewal is filed, the renewal fees and tax, and if applicable,
penalties, paid and a new license has been issued.
Section 5.04.160 Penalty for late renewal.
Any person who fails for more than 30 calendar days after the expiration of any license
issued under this chapter to apply for renewal shall be required, during the first year of
delinquency, to pay a penalty of twenty (20) percent of the amount of the license tax plus
one (1) percent interest each month the renewal fee is not remitted until reaching one-
hundred (100) percent. During the second and third year of delinquency, no penalties
shall be applied; however, a one (1) percent interest will be charged monthly until the
renewal fee is remitted. Such penalty shall be collected by the Administrative Services
Director before issuance of a new license.
Section 5.04.170 Posting and exhibition of license.
A. Every licensee shall exhibit any license issued under this chapter in a conspicuous
public place on the premises named in the license, or on a vehicle described in the license,
while engaged in the subject business in the city.
76
16
196788.1
B. Any license issued pursuant to this chapter shall be kept in a readily accessible place
and shown to any police officer, city inspector or other person upon request while
business is conducted in the city under that license.
Section 5.04.180 Transferability.
A. No license under this chapter shall be valid except for the location/s for which
application was made and for which the license is issued. If a licensed business moves to
another location, the original license shall be presented to the Administrative Services
Director, together with a statement of such proposed relocation. The Administrative
Services Director may approve the transfer of the license to the new location under the
standards of this chapter for an initial license at that location.
B. No license under this chapter shall be transferred or assigned or authorize any person
other than the person named on the license. Rather, an application for license in the name
of the proposed transferee shall be presented to the Administrative Services Director,
who shall consider the application as provided in this chapter.
Section 5.04.190 Issuance of duplicates; mistakes by Administrative Services Director.
A. The Administrative Services Director shall make a charge for each duplicate
license issued to replace a license which has been lost or destroyed. Such charge shall be
in an amount set from time to time by resolution of the City Council.
B. In no case shall any mistake made by the Administrative Services Director in
stating the amount of the license tax prevent or prejudice the collection by the City of
what shall be actually due from anyone carrying on a business subject to a license under
this chapter.
Section 5.04.200 Imposition of tax—Business generally.
Unless otherwise specifically provided for in this chapter, every person carrying on a
business in the City shall pay an annual license tax based on the average number of
employees of the business in the City reported to the Employment Development
Department on form DE-9C (“Quarterly Contribution Return and Report of Wages”), or
any successor form designated by the Collector, in the four quarters before the date the
payment is due as follows:
A. A minimum base tax per year, plus an additional per employee tax per year, in the
amounts set forth below in paragraph B., subject to annual inflation adjustments set forth
in section 5.04.370. Part-time employees count as one-half of an employee. Calculations
resulting in a fraction shall be rounded up to the next largest whole number.
77
17
196788.1
Notwithstanding the obligation to obtain a separate license for each location at which the
taxpayer does business, the tax shall be calculated on each taxpayer’s citywide workforce.
B. The tax shall be calculated as follows:
Employee Range Base Rate Employee Rate
0–9 employees $150.00 $0.00
10–99 employees $500.00 $0.00
100–249 employees $500.00 $50.00
250–499 employees $500.00 $100.00
500–999 employees $500.00 $200.00
1,000–4,999 employees $500.00 $300.00
5,000+ employees $500.00 $425.00
C. For persons with a fixed place of business outside the City who send employees into
the City, the tax shall be apportioned to the fraction of the workforce located within the
City during the licensing period (i.e., number of employees x number of days / 365 days).
Section 5.04.2910 Agents, solicitors and salespersons.
Each agent, solicitor, and salesperson selling or soliciting, or taking orders for the sale or
furnishing of any paintings, pictures, portraits, photographs, orders for advertising or for
any goods, wares, merchandise or service at retail, not otherwise provided herein when
not in connection with any fixed place of business within the City licensed under this
chapter, shall pay a business license tax of one hundred fifty dollars, and five dollars per
machine per year. This amount shall increase annually from 1992 based on the indexing
formula $140 per year subject to annual inflation adjustments set forth in section
5.04.3705.04.460 of this code.
Section 5.04.300220 Amusement centers.
78
18
196788.1
As used herein, the term “amusement center” means any place to which the public is
admitted or invited, where eight or more coin-or token-operated amusement machines
are maintained, operated or available for operation. Every person operating an
amusement center shall pay an annual business license tax of one hundred fifty dollars,
and five dollars per machine per year. This amount shall increase annually from 1992
based on the indexing formula$278 dollars and $9.30 per machine subject to annual
inflation adjustments set forth in section 5.04.3705.04.460 in this code.
Section 5.04.310230 Amusements generally.
Every person operating a business where admission, fares, or a fee is charged or made,
or a collection or contribution is received (and which are not otherwise provided for in
this chapter) for entrance to amusements, such as exhibitions, shows, games, rides, tent
performances, ball games, dart games, illusions and other amusements or concessions
similar in character to those, or any of those herein before named, shall pay a business
license tax of seventy-five dollars$140 per day. This amount shall increase annually from
1992 based on the indexing formula in Section 5.04.460 of this code. subject to annual
inflation adjustments set forth in section 5.04.370. This section shall apply only to
businesses whose operations and presence in the City are temporary or itinerant.
Section 5.04. 320240 Apartment houses and apartment complexes.
A. For purposes of this section, apartment house complex means two or more individual
buildings containing dwelling units located upon the same property, or on contiguous
property under the same ownership which are leased for occupancy by separate
households.
B. Every person owning apartment houses, or apartment house complexes, shall pay an
annual business license tax of one hundred dollars $178 per year for up to the first four
dwelling units, and seven dollars $12.95 per year for each additional dwelling unit subject
to annual inflation adjustments set forth in section 5.04.370; provided, however, that the
dwelling units used in computing the obligation to pay the business license tax shall be
dwelling units rented or leased, and the dwelling units held for rent or lease shall not
include a dwelling unit occupied by the owner. This amount shall increase annually from
1992 based on the indexing formula in Section 5.04.460 of this code.tax shall be dwelling
units rented or leased for occupancy by someone other than the owner.
Section 5.04.250 Seasonal lot sales.
Every person engaged in the business of seasonal lot sales shall pay an annual business
license tax of one hundred fifty dollars per year. This amount shall increase annually
79
19
196788.1
from 1992 based on the indexing formula in Section 5.04.460 of this code.$278 subject to
annual inflation adjustments set forth in section 5.04.370.
Section 5.04.260 Concerts, circuses and performances.
Every person operating a concert, circus or other performance shall pay a business license
tax for the first day of one hundred fifty dollars and twenty-five dollars per day
thereafter. This amount shall increase annually from 1992 based on the indexing formula
in Section 5.04.460 of this code$279 and $45.53 for each additional day subject to annual
inflation adjustments set forth in section 5.04.370.
Section 5.04.270 Lumberyard, building material yard, junkyard–Plant nurseries.
Every person owning or operating a business engaged in the sale of lumber, building
material, secondhand building material, junkyard, or outdoor yard of similar character,
or wholesale or retail nursery, shall pay a business license tax in accordance with the
following schedule:
A. A basic tax of seventy-five dollars per year. A base annual tax of $140 dollars.
B. In addition each person shall pay a fee of five dollars per yearan annual tax of $9.30
per acre of space owned, leased or rented used for the purposes set forth above.
C. This amount shall increase annually from 1992 based on the indexing formula in
Section 5.04.460 of this code.This amounts are subject to annual inflation adjustments set
forth in section 5.04.370.
Section 5.04.280 Coin-operated device (persons engaged in the business of renting,
leasing or operating the same).
Every person engaged in the business of renting, leasing or operating coin-operated
vending machines, shall pay a business license tax of seventy-five dollars per year, and
five dollars for each machine. This amount shall increase annually from 1992 based on
the indexing formula in Section 5.04.460 of this code.an annual tax of $140 per year and
$9.30 per machine subject to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.290 Contractors.
Every person engaged within the City of Cupertino in the business of contracting as a
general building contractor, electrical contractor, plumbing contractor, lathing and
plastering contractor, subcontractor, or specialty contractor, as those terms are defined
80
20
196788.1
by state law, shall pay a business license tax of seventy-five dollars per year. This amount
shall increase annually from 1992 based on the indexing formula in Section 5.04.460 of
this code. an annual tax of $140 per year subject to annual inflation adjustments set forth
in section 5.04.370.
Section 5.04.300 Home occupations.
Every person engaged in a home occupation, as defined by the zoning ordinance of the
City, shall pay an annual tax of seventy-five dollars per year. This amount shall increase
annually from 1992 based on the indexing formula in Section 5.04.460 of this code. $140
subject to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.310 Hotels, motels, auto courts, and lodging houses.
Every person engaged in the business of operating a hotel, motel, or lodging house, shall
pay an annual tax of seventy-five dollars per year, plus five dollars per year for each
room. This amount shall increase annually from 1992 based on the indexing formula in
Section 5.04.460 of this code. $140 per year, plus $9.30 per room subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.320 Peddling.
Every person peddling any goods, food, wares, magazines, or merchandise not otherwise
provided for in this chapter, shall pay a business license tax of one hundred fifty dollars
per year. This amount shall increase annually from 1992 based on the indexing formula
in Section 5.04.460 of this code. an annual tax of $278 subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.330 Rest, convalescent, guest and family care homes.
Unless otherwise exempted by state or federal law, every person operating a rest,
convalescent or guest home, or child care service, shall pay a business license tax of one
hundred fifty dollars per year. This amount shall increase annually from 1992 based on
the indexing formula in Section 5.04.460 of this code. an annual tax of $278, subject to
annual inflation adjustments set forth in section 5.04.370.
Section 5.04.340 Private schools.
Every person operating a private school shall pay a business license tax of one hundred
fifty dollars per year. This amount shall increase annually from 1992 based on the
indexing formula in Section 5.04.460 of this code. an annual tax of $278, subject to annual
inflation adjustments set forth in section 5.04.370.
Section 5.04.350 Taxicabs or automobiles for hire.
81
21
196788.1
Every person engaged in the business of providing taxicabs or automobiles for hire shall
pay a business license tax of seventy-five dollars, per year for each vehicle operated
within the City limits. This amount shall increase annually from 1992 based on the
indexing formula in Section 5.04.460 of this code. an annual tax of $140 per year for each
vehicle operated in the City subject to annual inflation adjustments set forth in section
5.04.370.
Section 5.04.360 Theaters and shows.
Every person engaged in the business of operating a theater, motion picture show,
playhouse, event, and all other shows or exhibitions (except those conducted in the open
or under canvas) not otherwise provided for in this chapter shall pay a business license
tax of one hundred fifty dollars per year plus two dollars per year per seat. This amount
shall increase annually from 1992 based on the indexing formula in Section 5.04.460 of
this code. an annual tax of $278 per year plus $3.77 per seat subject to annual inflation
adjustments set forth in section 5.04.370.
Section 5.04.370 Small-Income Businesses.
Upon filing of an application for a small-income business license and an affidavit stating,
among other things, that the gross dollar volume of contemplated business would be
greater than one thousand dollars but less than five thousand dollars; and upon the
Collector’s finding and determination that the representations are true and correct, the
Collector may order the issuance of a small-income business license that shall be for the
current calendar year and shall be issued upon a payment of twenty-five dollars. This
amount shall increase annually from 1992 based on the indexing formula in Section
5.04.460 of this code. finding and determination by the Administrative Services Director
that the representations are true and correct, the Administrative Services Director may
order the issuance of a small-income business license that shall be for the current calendar
year and shall be issued upon a payment of seventy-four dollars ninety-nine cents, subject
to annual inflation adjustments set forth in section 5.04.370.
Section 5.04.380 Annual adjustments for inflation.
Every tax stated in this chapter in a fixed sum shall be annually adjusted for inflation,
commencing with taxes due on January 1, 2020, and every year thereafter by the increase
in CPI Index over the most recent 12-month period for which the Index has been
published. The Administrative Services Director shall calculate the adjusted tax amounts,
maintain them on file and available for public examination in his or her office and post
them to the City’s website sufficiently in advance of the tax due date to allow efficient
administration of the tax
82
22
196788.1
5.04.460 Indexing.
Every tax imposed by this chapter shall be automatically increased each year by a
percentage which shall be equal to the percentage increase of the consumer price index
as shall be reflected in the most recent report of consumer prices for the San Francisco/Bay
Area Standard Metropolitan Statistical Area using 1992 as the base year. The annual rate
increase shall be calculated by dividing the consumer price index for October of each
current year by the base year with the resulting figure representing the percentage
increase for the tax due the following January. The formula shall be as follows:
A divided by B times C equals D
A = current year CPI; B = base year CPI;
C = base year tax rate; D = current year tax rate
5.04.470 Reclassification–Collector Authority.
A. In any case where a licensee or an applicant for a license believes that his/her
individual business is not assigned to the proper classification because of circumstances
peculiar to it, as distinguished from other businesses of the same kind, s/he may apply to
the Collector for reclassification. Such application shall contain such information as the
Collector may deem necessary and require in order to determine whether the applicant’s
individual business is properly classified. The Collector shall then conduct an
investigation following which s/he shall assign the applicant’s individual business to the
classification shown to be proper on the basis of such investigation. The proper
classification is that classification which, in the opinion of the Collector, most nearly fits
the applicant’s individual business.
B. Any resulting reclassification shall not be retroactive, but shall apply to the time of
the next regularly ensuing calculation off the applicant’s tax or fee. No business shall be
classified more than once in one year. Any determination by the Collector under this
section is subject only to rights of appeal to the City Council as afforded by this chapter.
5.04.480 Appeal Procedure.
A. Any person, applicant, or licensee may appeal any decision of the Collector under
this chapter to the City Council. Any person so aggrieved may appeal by filing a written
notice of appeal with the City Clerk within fourteen days from the date the Collector
issues his/her decision in writing.
B. An appeal not filed within such time shall be barred. The appeal shall state the
grounds thereof.
C. Upon receipt of an appeal, a date for hearing before City Council shall be set and
will be held within thirty days from the date of filing of the appeal.
D. The City Clerk shall give notice to such person who files an appeal of the time and
place of hearing by serving it personally or by depositing it in the United States Post
83
23
196788.1
Office at Cupertino, California, postage prepaid, addressed to such person at her/his last
known address.
E. The City Council shall have authority to determine all questions raised on appeal;
provided, however, that no such determination shall conflict with any substantive
provision of the chapter.
5.04.490 Effect of Business License Code.
Neither the adoption of this chapter nor its superseding of any portion of any other
ordinance of the City shall in any manner be construed as authorizing the conduct nor
continuance of any illegal or unlawful business, or any business in violation of any
ordinance of the City.
5.04.500 Violation–Penalty.
Any person who violates the provisions of this chapter shall be guilty of an infraction,
and upon conviction thereof shall be punished as provided in Chapter 1.12.
5.04.510 Remedies Cumulative.
All remedies prescribed hereunder shall be cumulative, and the use of one or more
remedies by the City shall not bar the use of any other remedy for the purpose of
enforcing the provisions hereof.
Section 5.04.390 No refunds for cessation of business
A. All licenses shall be issued from the date set forth in the license and no licensee shall
be entitled to the refund of any portion of the tax paid by reason of cessation of such
licensed activity before the license expires.
B. Any business required to cease activity within the City as the result of public
acquisition of the premises by any governmental agency, shall be entitled to a refund of
an amount prorated as to the time remaining under the license when the business activity
ceases. Such licensee shall file a verified claim with the Administrative Services Director
stating the date of and reason for cessation of business activity.
Section 5.04.400 Tax and fee obligations.
In addition to all other legal penalties, any person who engages in any business for which
a license is required, without such license, whether or not such person would have
qualified for such license, shall be liable for the amount of all taxes and fees, penalties
and interest, applicable to a licensee.
Section 5.04.410 Collection of taxes by court action.
84
24
196788.1
The amount of any license tax imposed by this chapter shall be deemed a debt to the City,
and any person carrying on any business under this chapter without having a license
from the City so to do shall be liable to an action in the name of the City in any court of
competent jurisdiction for the amount of license tax imposed on such business, together
with all penalties and interest then due thereon in any such action, and any cost the City
reasonably incurs to collect the tax, including attorneys’ fees which, if judgment is
recovered, shall be included and assessed as recoverable costs in such action.
Section 5.04.420 Powers and duties of Administrative Services Director.
A. The Administrative Services Director shall have the power and duty, and is hereby
directed, to enforce this chapter.
B. The Administrative Services Director shall have the power to adopt rules and
regulations not inconsistent with the provisions of this chapter for the purpose of
carrying out and enforcing the provisions of this chapter. A copy of any such rules and
regulations shall be on file and available for public examination in the Administrative
Services Director’s office and posted to the City’s website.
Section 5.04.430 Enforcement of chapter.
The Administrative Services Director shall appoint inspectors of licenses who are hereby
authorized to examine all places of business and persons in the City liable to pay a license
tax to see that such licenses are taken out; and shall have and exercise the following
powers and duties:
A. To citations or other notices of a violation of this chapter.
B. To enter free of charge, at any time, any place of business for which a license is
required by this chapter and to demand the exhibition of such license for the current term
by any person engaged or employed in the transaction of such business, and if such
person shall fail to do so, he or she shall be liable for the penalties provided by this code
and other applicable law for a violation of this chapter.
Section 5.04.440 Liability of licensee.
A. The licensee shall be liable for every violation of this chapter committed by the
licensee or the licensee’s manager or employee.
B. Upon a violation of this chapter by an employee, the Administrative Services
Director may take enforcement action against the licensee, the employee of the licensee,
85
25
196788.1
the manager who was present when the employee committed the violation, or any or all
of them.
C. Upon a violation of this chapter by a manager, the City may take enforcement action
against either or both the licensee and the manager.
Section 5.04.450 Cumulative remedies.
This chapter provides for administrative enforcement of its provisions, which are in
addition to all other legal remedies, administrative, criminal or civil, which may be
pursued by the City to address any violation of this chapter provided only that the City
may not recover any sum due under this chapter more than once.
Section 5.04.460 Disturbance response charge.
A. A disturbance response charge shall be imposed on the licensee of any business
premises operated pursuant to any license issued by an Administrative Services Director,
whenever the police department responds to any disturbance which is directly or
indirectly caused by a violation of the license.
B. The disturbance response charge shall be the actual cost of police services, including
but not limited to, personnel and equipment, incurred.
C. The bill of charges shall be served by the chief of police upon the licensee at the
licensed business premises within 30 calendar days after the response to a disturbance
which is directly or indirectly caused by a violation of the license.
D. The bill of charges shall include a notice of the right of the person being charged to
request a hearing before the Administrative Services Director within 10 calendar days of
the date of service of the bill to dispute the imposition or amount of the charge.
E. Failure to timely request a hearing shall waive the right to a hearing.
Section 5.04.470 Informal procedure for resolution of an imminent threat.
A. When the Administrative Services Director determines that there is an imminent
threat to the public health, safety or welfare requiring immediate action, the
Administrative Services Director will attempt to informally contact the licensee by
telephone, in-person meeting, or by such other means of communication as the
Administrative Services Director deems appropriate, to discuss the threat. The
Administrative Services Director will further attempt to obtain the licensee’s commitment
86
26
196788.1
to implement immediate voluntary compliance measures that will, in the judgment of the
Administrative Services Director, effectively abate the threat.
B. The requirements set out in paragraph A shall not prohibit the Administrative
Services Director from summarily suspending a license if:
1. The attempt to contact the licensee fails; or
2. The licensee fails or refuses to immediately implement voluntary compliance
measures that the Administrative Services Director deems will effectively abate the
threat; or
3. The Administrative Services Director determines that the compliance measures the
licensee implements are insufficient to effectively abate the threat; or
4. The Administrative Services Director determines that the threat is so urgent that
compliance with this section will further jeopardize the public health, safety, or welfare.
Section 5.04.480 Summary suspension.
A. If the Administrative Services Director determines there is an imminent threat to the
health, safety or welfare of the public as set out in Paragraph B below, a license may be
summarily suspended for up to 30 days.
B. The Administrative Services Director’s determination that there is an imminent
threat to the public health, safety or welfare shall be based on one or more of the
following:
1. There is an urgent need to take immediate action to protect the public from a
substantial threat of serious bodily injury or death existing on or within 150 feet of the
licensed premises; or
2. There has been a violation of a license condition or other requirement of this
chapter that creates an imminent danger to the public health, safety or welfare on or
within 150 of the licensed premises; or
3. The licensee has conducted the licensed business in a manner that creates or
results in a public nuisance, as defined in this Code or in Sections 3479 and 3480 of the
California Civil Code, and that public nuisance creates an imminent danger to the public
health, safety or welfare on or within 150 of the licensed premises.
87
27
196788.1
C. The summary suspension shall take effect immediately upon service of a written
notice of suspension by the Administrative Services Director including substantially the
following:
1. The effective date and duration of the suspension;
2. The grounds for the suspension;
3. The licensee may request a hearing on the suspension before the
Administrative Services Director;
4. The method to request a hearing before the Administrative Services
Director; and
5. The notice of summary suspension shall become final unless the
Administrative Services Director receives a written request for a hearing
from the licensee within the time period specified in Paragraph E.
D. The summary suspension shall remain in effect unless and until the Administrative
Services Director either:
1. Amends the notice of summary suspension to shorten its duration; or
2. Issues a decision after holding a hearing pursuant to the requirements of this
section that modifies or overrules the summary suspension.
E. To challenge a summary suspension, the licensee shall file a written request for a
hearing before the Administrative Services Director within three business days after
service of the notice of summary suspension. If the Administrative Services Director does
not receive a request for a hearing from the licensee within this time period, the notice of
summary suspension shall be final.
F. The Administrative Services Director shall respond to the licensee’s request for a
hearing by holding a hearing to affirm, modify or overrule the summary suspension
within five business days of the licensee’s request for a hearing, unless the licensee
requests an extension of the time within which the Administrative Services Director can
hold the hearing. If the business is engaged in expressive activities protected by the First
Amendment to the U.S. Constitution, the Administrative Services Director shall respond
within one business day of receipt of a complete application.
G. The Administrative Services Director shall serve a written notice of hearing on the
licensee not later than two (2) business days after receiving the licensee’s written request
88
28
196788.1
for a hearing. The notice of hearing shall contain the date, time and place at which the
hearing shall be conducted.
H. At the hearing before the Administrative Services Director, the licensee shall be
given the opportunity to present evidence that either rebuts the ground(s) for which the
summary suspension was issued or demonstrates that the reason or reasons leading to
the summary suspension have been mitigated or corrected.
I. The hearing will be conducted informally and technical rules of evidence shall not
apply. Any evidence the Administrative Services Director deems reliable, relevant and
not unduly repetitious may be considered.
J. The Administrative Services Director shall issue a decision which affirms, modifies
or overrules the summary suspension, as specified in Paragraph K. If the Administrative
Services Director affirms or modifies the summary suspension, he or she may impose
additional conditions upon the license to protect the health, safety or welfare of the
public, to prevent the conduct or condition that led to the summary suspension, or
otherwise to achieve compliance with this chapter.
K. The Administrative Services Director shall issue an oral decision upon the close of
the hearing or may communicate the decision by telephone, within 24 hours of the close
of the hearing. The Administrative Services Director shall also serve the licensee with a
written decision within 3 business days of the close of the hearing.
L. Following the service of a written decision, a licensee who is dissatisfied with the
Administrative Services Director’s decision shall have a choice of either filing an appeal
with the appeals hearing board under the terms set out in section 5.04.510 (Appeal to
appeals hearing board) or accepting the decision as final and seeking judicial review
pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. If the
licensee is dissatisfied with the decision by the Administrative Services Director and
chooses to have an appeal hearing with the appeals hearing board, the decision by the
appeals hearing board shall be final for purposes of judicial review pursuant to Section
1094.6 of the Code of Civil Procedure of the State of California.
Section 5.04.490 Method of service.
A. All written notices and decisions required by this section shall be served either by
personal delivery or by deposit in the United States Mail, in a sealed envelope postage
prepaid, to the address of such person last known to the Administrative Services Director.
Service by mail shall be deemed to have been completed upon mailing. Alternatively, any
89
29
196788.1
written notice required by this section may be served by conspicuously posting a copy of
the written notice at the licensed premises.
B. The failure of any licensee to receive any notice required under this part shall not
affect the validity of any proceedings taken under this part provided notice is given as
provided in this chapter.
Section 5.04.500 Procedure for hearing before the Administrative Services Director.
A. The written request for a hearing before the Administrative Services Director must
be received by the Administrative Services Director within 10 calendar days of the date
of service of a notice of intended decision to deny, suspend or revoke the license.
B. The Administrative Services Director shall schedule a hearing which shall be held
no later than 30 calendar days after receipt of a timely request for hearing. If the business
is engaged in expressive activities protected by the First Amendment to the U.S.
Constitution, the Administrative Services Director shall set the hearing within five
business days of a timely request for a hearing.
C. The Administrative Services Director shall serve a notice of hearing on the applicant
or licensee not later than 10 calendar days before the hearing date earing. If the business
is engaged in expressive activities protected by the First Amendment to the U.S.
Constitution, the Administrative Services Director shall serve that notice not later than
two business days before the hearing date.
D. The appellant shall have opportunity to present witnesses and documentary
evidence at the hearing.
E. The hearing will be conducted informally and the technical rules of evidence shall
not apply. Any evidence the Administrative Services Director deems reliable, relevant
and not unduly repetitious may be considered.
F. Issuance of a written notice of cancellation of an insurance policy by its issuer shall
be conclusive proof of that cancellation.
Section 5.04.510 Decision of the Administrative Services Director.
A. Within 20 calendar days after the hearing, the Administrative Services Director shall
serve a written decision sustaining, reversing or modifying his or her intended decision
on the applicant or licensee. If the licensed business involves expressive conduct
90
30
196788.1
protected by the First Amendment to the U.S. Constitution and comparable provisions of
state law, the decision shall be rendered within five business days of the hearing.
B. The decision by the Administrative Services Director after hearing shall become final
unless the applicant or licensee files an appeal with the appeals hearing board within the
time period specified in paragraph B of Section 5.04.510.
Section 5.04.520 Appeal to appeals hearing board.
A. If an applicant or licensee is dissatisfied with the written decision of the
Administrative Services Director, he or she may appeal to the appeals hearing board.
B. The appeal must be in writing on a form provided by the appeals hearing board and
received by the secretary of the appeals hearing board within 15 calendar days of the date
of the Administrative Services Director’s decision.
C. The appeal hearing shall be conducted in accordance with any rules and regulations
of the appeals hearing board or, in the absence of such rules, in accordance with section
5.04.490 of this chapter.
D. The written decision of the appeals hearing board shall be final when served on
the appellant and shall be the final decision of the City, subject to judicial review pursuant
to Code of Civil Procedure section 1094.5.
Section 5.04.530 Constitutionality and Legality; Gann Limit.
A. This tax is intended to be applied consistently with the United States and
California Constitutions, and state law. The tax shall not be applied so as to cause an
undue burden upon interstate commerce, a violation of the equal protection and due
process clauses of the Constitutions of the United States or the State of California, to
constitute a special tax, or to cause a violation of any other provision of applicable law.
B. Pursuant to California Constitution, article XIII B, the appropriation limit for the
City is hereby increased to the maximum extent over the maximum period of time
allowed under law by the amount of the revenues generated by the tax.
91
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING A POLICY LIMITING THE USE OF REVENUE
GENERATED BY THE BUSINESS LICENSE TAX MEASURE
TO TRANSPORTATION/MOBILITY PROJECTS
WHEREAS, the City’s Business License Tax, codified in Cupertino Municipal
Code Chapter 5.04, has been in place since 1992; and
WHEREAS, the City Council desires to place a revenue measure on the
November 6, 2018 ballot, and on July 3, 2018 the Council directed staff to prepare a
ballot measure to restructure the ordinance; and
WHEREAS, the City of Cupertino has experienced significant growth in both its
residential and business population; and
WHEREAS, transportation and mobility improvements are needed to
accommodate the City’s growth and maintain the quality of life of city residents; and
WHEREAS, transportation was identified by residents as the most important
issue facing the City in the last biennial community survey; and
WHEREAS, the City spends considerable funds on transportation and mobility
projects, yet the need for investing more funds in costly transportation programs
exceeds available resources and requires further investments and expenditures; and
WHEREAS, on November 6, 2018, City of Cupertino voters will be asked to
restructure the business license tax to generate significantly more revenue based on the
number of employees working in the City of Cupertino; and
WHEREAS, through community polls and outreach, City of Cupertino residents
and businesses have been clear that transportation is an important spending priority for
any moneys generated by this measure; and
WHEREAS, while the ballot measure is a general tax and may legally be used for
unrestricted general governmental purposes, nevertheless the City Council desires to
dedicate the revenue raised from a restructured business license tax to transportation
and mobility projects; and
92
WHEREAS, the use of these funds for transportation/mobility projects will
benefit the businesses that are taxed, as well as the general Cupertino population;
furthermore, the City intends to continue to seek input from all stakeholders on the
viable use of the funds for transportation projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
adopts the following policy with respect to the use of funds generated by the
restructured business license tax:
1. To the extent allowed by law, the policy of the City shall be to use the revenue
generated by the business license tax on transportation and innovative transit
solutions to improve traffic congestion in the City of Cupertino, including but
not limited to bicycle, pedestrian, and vehicle-separated routes, new transit
systems to employment centers, and a community/city-wide shuttle.
2. The revenue shall be leveraged to the greatest extent possible with other funding
sources for priority transportation projects.
3. Funds generated by the tax shall be deposited into a Transportation Reserve
Fund to be accumulated and utilized for qualified projects.
4. The funds generated by the tax shall be preserved as outlined in this Resolution
for at least ten (10) years following adoption of the measure by the voters.
5. An independent financial audit shall be conducted each year regarding the
revenues and expenditures related to this revenue source and presented to the City
Council.
93
City of Cupertino
Business License Ballot Measure
Surveys
July 2018 | Summary of Findings
94
Overview and Objectives
The City of Cupertino commissioned Voxloca to conduct a survey of Cupertino residents using
our modern surveying methodology that allows organizations to quickly reach residents or
voters and obtain a statistically valid sample of public opinion.
Voxloca conducted two surveys on two different versions of the business license ballot measure
between July 16 and July 24, 2018. The survey tested:
- support for specific language regarding a business license tax in Cupertino
- impact on support given common criticisms of the business license tax
Survey Methodology
Surveys were administered using our unique technology that approaches residents by both
SMS text and email. If a likely voter had both an email address and a wireless phone number on
file then they may receive the survey from both methods.
The method that had the highest response rate was SMS
text. The initial text looked like this:
1
95
We targeted likely voters in the upcoming November election. After weighting the model to
create a likely November turnout, the overall sample size was reduced from the 636 total
responses.
Surveys were distributed continuously between July 16 and July 24.
Data Collection Surveys administered via SMS text and email
Universe Likely November voters
Fielding Dates July 16 to July 24, 2018
Sample Size Language A: n=250 (weighted)
Language B: n=262 (weighted)
Margin of Error Language A: +/- 6.2%
Language B: +/- 6.0%
2
96
Summary of Findings for Business License Surveys
We tested two possible ballot questions. Ballot Measure Language A included specific
information about the business license tax. Ballot Measure Language B was simpler and
contained general information about the tax. For each ballot question, we asked the same five
questions: two positive statements about the business license tax, two negative statements, and
a multiple choice question asking respondents to pick the most important factor for them as they
consider the tax. Then, we asked voters to reconsider the original tax question.
Our methodology was designed to mirror the arguments voters may hear over the next few
months should the council decide to place a measure on the November ballot. Here are some
key highlights:
● In the survey, Cupertino voters prefer the additional information provided by Ballot
Measure Language A over the more general information in Ballot Measure Language B.
● Initially voters supported Ballot Measure Language A by a narrow margin of 48-42 . At
1
the end of the survey, support increased to 54-37.
● Ballot Language Measure B which contained general tax information saw little movement
in support during the survey. The initial question showed 49-44 in favor of the tax. The
final question had 50-41 supporting the tax with undecided voters increasing slightly.
● Question #2 demonstrates that Cupertino voters are compelled by the argument that
businesses should pay for transportation improvements (Language A: 68-28, Language
B: 61-35) and Question #4 shows that survey respondents agree that large companies
should pay more than small businesses (Language A:69-23, Language B: 64-27).
● Question #3 highlights a major concern for Cupertino voters. More than a supermajority
are concerned that the business license tax won’t fund a specific transit solutions and
actually alleviate traffic (Language A: 68-19, Language B: 72-19). Question #5 shows
fewer voters, but a combined majority are concerned about a tax that might threaten
Cupertino’s long-term economic stability and growth (Language A: 46-48, Language B:
56-39).
● Question #6 reflects the concerns raised by Questions #3 and #5. We combined both
surveys to identify the most prominent concerns for Cupertino voters. The spreadsheet
below demonstrate the top three issues related to the business license tax are: a
1 All numbers highlighted in the narrative combine Definitely Yes with Probably Yes and Definitely No
with Probably No.
3
97
well-designed spending plan (30 percent), long-term economic stability and growth
(26%), and protecting small businesses (17 percent).
Language A & B Combined Question #6 Count Percent
That employers pay their fair share 49 10%
A well-designed spending plan 151 30%
Long-term economic stability and growth 131 26%
Protecting small businesses 85 17%
Accountability 55 11%
Other 35 6%
The response rate for the survey was approximately 8 percent, demonstrating that Cupertino
has an engaged electorate. Also, the low undecided numbers on each question suggests that
on this issue Cupertino residents are highly aware.
Cupertino residents also seem to desire more information, as evidenced by the more positive
numbers for Ballot Measure Language A over Ballot Measure Language B. If the City Council
decides to place a measure on the ballot, Cupertino residents will likely welcome additional
information from the City itself or external sources like local organizations, the media, and
campaigns.
4
98
Results of Findings for Business License Language A Survey
Question 1
Shall the measure to fund priorities such as infrastructure to reduce traffic congestion in
Cupertino by imposing a yearly general business license tax of $150 to $500 per business, plus
a progressively increasing per-employee rate of $50 (100+ employees) to $425 (5,000+
employees), replacing the existing square footage-based business license tax, raising about
$10 million yearly for general fund purposes, effective until voters amend or appeal it, with
annual audits, be adopted?
Definitely Yes 26%
Probably Yes 22%
Probably No 17%
Definitely No 25%
Undecided 10%
Question 2
Some say that it is only fair to increase what businesses pay to fund transportation
improvements in Cupertino, since businesses that bring thousands of employees into the city
every day contribute to our traffic. Do you agree?
Definitely Yes 45%
Probably Yes 23%
Probably No 10%
Definitely No 18%
Undecided 4%
5
99
Question 3
Some say that this is a general tax measure with no specific transit solution. It’s a blank check
with no guarantee the tax will help alleviate traffic. Do you agree?
Definitely Yes 38%
Probably Yes 30%
Probably No 11%
Definitely No 8%
Undecided 13%
Question 4
Some say the proposed employer tax is structured to be fair; large businesses that have a
greater impact on our community will be taxed at higher rates than small businesses who have
fewer than 100 employees and have less of an effect on local services. Do you agree?
Definitely Yes 37%
Probably Yes 32%
Probably No 8%
Definitely No 15%
Undecided 8%
6
100
Question 5
Some say that a tax on jobs may threaten long-term economic stability and growth in Cupertino.
Do you agree?
Definitely Yes 25%
Probably Yes 21%
Probably No 26%
Definitely No 22%
Undecided 6%
Question 6
In considering this proposed business license tax measure, the most important factor for me is:
That employers pay their fair share 10%
A well-designed spending plan 31%
Long-term economic stability and growth 19%
Protecting small businesses 22%
Accountability 12%
Other 6%
7
101
Question 7
Here’s the original question for you to consider again. Shall the measure to fund priorities such
as infrastructure to reduce traffic congestion in Cupertino by imposing a yearly general business
license tax of $150 to $500 per business, plus a progressively increasing per-employee rate of
$50 (100+ employees) to $425 (5,000+ employees), replacing the existing square
footage-based business license tax, raising about $10 million yearly for general fund purposes,
effective until voters amend or appeal it, with annual audits, be adopted?
Definitely Yes 27%
Probably Yes 27%
Probably No 13%
Definitely No 24%
Undecided 9%
8
102
Results of Findings for Business License Language B Survey
Question 1
Shall the measure to fund priorities such as infrastructure to reduce traffic congestion in
Cupertino by imposing a yearly business license tax of $8 to $392 per employee, on average,
with larger companies paying more per employee, replacing the existing square footage-based
business license tax with no changes to provisions for particular businesses taxes, generating
about $10 million yearly for general fund purposes, until ended by voters, with independent
yearly audits, be adopted?
Definitely Yes 26%
Probably Yes 23%
Probably No 18%
Definitely No 26%
Undecided 7%
Question 2
Some say that it is only fair to increase what businesses pay to fund transportation
improvements in Cupertino, since businesses that bring thousands of employees into the city
every day contribute to our traffic. Do you agree?
Definitely Yes 36%
Probably Yes 25%
Probably No 16%
Definitely No 19%
Undecided 4%
9
103
Question 3
Some say that this is a general tax measure with no specific transit solution. It’s a blank check
with no guarantee the tax will help alleviate traffic. Do you agree?
Definitely Yes 38%
Probably Yes 34%
Probably No 12%
Definitely No 7%
Undecided 9%
Question 4
Some say the proposed employer tax is structured to be fair; large businesses that have a
greater impact on our community will be taxed at higher rates than small businesses who have
fewer than 100 employees and have less of an effect on local services. Do you agree?
Definitely Yes 39%
Probably Yes 25%
Probably No 12%
Definitely No 15%
Undecided 9%
10
104
Question 5
Some say that a tax on jobs may threaten long-term economic stability and growth in Cupertino.
Do you agree?
Definitely Yes 31%
Probably Yes 25%
Probably No 21%
Definitely No 18%
Undecided 5%
Question 6
In considering this proposed business license tax measure, the most important factor for me is:
That employers pay their fair share 9%
A well-designed spending plan 29%
Long-term economic stability and growth 33%
Protecting small businesses 12%
Accountability 10%
Other 7%
11
105
Question 7
Here’s the original question for you to consider again. Shall the measure to fund priorities such
as infrastructure to reduce traffic congestion in Cupertino by imposing a yearly business license
tax of $8 to $392 per employee, on average, with larger companies paying more per employee,
replacing the existing square footage-based business license tax with no changes to provisions
for particular businesses taxes, generating about $10 million yearly for general fund purposes,
until ended by voters, with independent yearly audits, be adopted?
Definitely Yes 23%
Probably Yes 27%
Probably No 15%
Definitely No 26%
Undecided 9%
12
106
Appendix A
Response Means of “Yes” or “No” Questions
Below is a summary of the questions that had Yes or No answers. To calculate the mean, we
assigned a “Yes” response a value of 1 and a “No” response a value of -1.
Ballot Language A Mean +/- Yes No
Unde
cided
Shall the measure to fund priorities such as
infrastructure to reduce...
0.1 0.06 122 106 23
Some say that it is only fair to increase what
businesses pay to fund...
0.7 0.06 172 69 10
Some say that this is a general tax measure with no
specific transit...
0.8 0.05 171 48 32
Some say the proposed employer tax is structured
to be fair; large...
0.7 0.06 175 55 21
Some say that a tax on jobs may threaten long-term
economic stability...
0.0 0.06 116 120 15
Here’s the original question for you to consider
again. Shall the...
0.2 0.06 136 94 21
13
107
Ballot Language B Mean +/- Yes No
Unde
cided
Shall the measure to fund priorities such as
infrastructure to reduce...
0.1 0.06 132 111 18
Some say that it is only fair to increase what
businesses pay to fund...
0.4 0.06 158 91 12
Some say that this is a general tax measure with no
specific transit...
0.9 0.05 187 47 27
Some say the proposed employer tax is structured to
be fair; large...
0.6 0.06 168 71 22
Some say that a tax on jobs may threaten long-term
economic stability...
0.3 0.06 146 100 15
Here’s the original question for you to consider again.
Shall the...
0.1 0.06 131 108 22
14
108
Appendix B
Daily Submissions of Survey Responses
Language A
Language B
15
109
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4084 Name:
Status:Type:Study Session Agenda Ready
File created:In control:6/12/2018 City Council
On agenda:Final action:7/31/2018
Title:Subject: Study session to explore consolidation of Senior Citizen, Library, and Safety issues into
Parks & Recreation Commission
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council7/31/2018 1
Subject: Study session to explore consolidation of Senior Citizen, Library, and Safety issues
into Parks & Recreation Commission
Provide staff direction on structure and management of City commissions
CITY OF CUPERTINO Printed on 7/26/2018Page 1 of 1
powered by Legistar™110
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Study Session Meeting: July 31, 2018
Subject
Study session to explore consolidation of Senior Citizen, Library, and Safety issues into Parks &
Recreation Commission.
Recommended Action
Provide staff direction on structure and management of City commissions.
Background
As part of the 2018-19 Work Program adopted on March 6, 2018, Council requested that staff
explore the consolidation of Senior Citizen, Library, and Safety issues into the Parks & Recreation
Commission.
In Cupertino, the primary role of commissions is to assist the Council in the formation of policy
by gathering information, weighing public input, and examining issues in depth to render a
recommendation to the Council. This can include hearing public testimony on the Council’s
behalf, building community consensus for proposals or projects as directed by Council, reviewing
written material, facilitating study of critical issues, guiding the implementation of new programs
or regulating established programs, assessing alternatives regarding issues of community
concern, and ultimately forwarding recommendations to the Council for consideration.
Commissions serve at the will of the Council and commissions or commissioners can be
dismissed by a majority vote of the Council
Discussion
To explore the consolidation of commissions, staff conducted a survey of 15 local cities to
determine best practices in other cities. Staff also analyzed each commission’s responsibilities as
outlined in the Cupertino Municipal Code and whether the activities of the commission
correspond to those responsibilities. The last five years of commission budgets were also
reviewed to assess expenditures and potential cost savings. Finally, staff met with the Library
Commission, Public Safety Commission, and Parks and Recreation Commission to receive input.
Public Safety Commission
The Public Safety Commission is responsible for advising the City Council in all matters
pertaining to safety, traffic, police, fire and other areas where public safety may be of concern.
Over the last year, the Public Safety Commission worked on topics such as the Cupertino Alert
111
System, public safety education and outreach, the Public Safety Forum, emergency preparedness,
and coordinated with the Neighborhood Watch and Block Leader program. Their past
accomplishments include bringing Pulse Point to the City and County; supporting the Public
Safety Forum and Senior Safety Forum; starting the Community Academy for Adults; supporting
Fall Fest, Earth Day, and National Night Out; bringing the new Cupertino Alert System to the
City; and several other outreach and education efforts, including a women’s self-defense
workshop.
The Public Safety Commission holds monthly meetings, although the Municipal Code only
outlines a responsibility to meet at least once every other month (Section 2.60.040). Staff estimates
that they spend about four hours of staff time a month on the Public Safety Commission. In
addition, staff at the Sheriff’s Office spend about seven hours on the Public Safety Commission.
The research shows that the commission is serving appropriately in their responsibilities,
however, there has been some confusion over responsibility for roadway safety between the
Public Safety Commission and the Bicycle/Pedestrian Commission. In addition, one
commissioner has received an attendance warning notice for missing three meetings. If they have
one more absence, they will be removed as set forth by Council Resolution 16-137.
Commission Feedback
Staff met with the Public Safety Commission on July 12, 2018 to gather their input. The Public
Safety Commission was unanimously opposed to the consolidation of the Public Safety
Commission with the Parks and Recreation Commission. The commissioners expressed that they
provide several hours of volunteer time per week to improve public safety in the community,
educate the public, and maintain important interactions with the Sheriff’s Department and the
Santa Clara County Fire Department. Six community members also commented in opposition of
consolidation during the meeting.
Best Practices
A survey of local cities found that most cities do not have a commission specifically for public
safety. It is worth noting that the cities that did not have a commission had their own police
department and most also had their own fire department. Milpitas was the only city with a
formal commission related to safety called the Emergency Preparedness Commission with the
Emergency Preparedness Coordinator serving as liaison. Saratoga currently has a Public Safety
Task Force to provide public safety recommendations to Council but this advisory body is
temporary and is scheduled to terminate in November 2018.
Library Commission
The Library Commission is responsible for consulting with the City Council, City staff, and the
Santa Clara County Library JPA regarding recommendations for Cupertino Library facilities and
programs. The Library Commission also acts as a liaison with private community groups
supportive of the library program. Over the last year, the Library Commission discussed topics
such as the Cupertino Library User Survey, bicycle thefts at the library, Community Hall usage,
and polling box and voting at the Library. Their accomplishments include advocating to increase
112
library hours, bringing speaker programs to the library, and supporting library programming. In
addition, they now manage the Cupertino Poet Laureate program.
The Library Commission holds monthly meetings, although the Municipal Code only outlines a
responsibility to meet at least once every other month (Section 2.68.040). Staff estimates that they
spend about eight hours of staff time a month on the Library Commission. The research shows
that the commission is serving appropriately in their responsibilities. However, the Library
Commission needed to be reminded of their advisory role in service to the Council when they
voted to send an advocacy letter without making the request through Council. In addition, one
commissioner has received an attendance warning notice for missing three meetings. If they have
one more absence, they will be removed as set forth by Council Resolution 16-137.
Commission Feedback
Staff met with the Library Commission on July 23, 2018 to gather their input. The Library
Commission was unanimously opposed to the consolidation of the Library Commission with the
Parks and Recreation Commission. The commissioners expressed that they serve a vital role in
supporting library programming for the Cupertino community and advocating on behalf of
library users. At the meeting, two community members also commented in opposition of
consolidation and one community member expressed general concern regarding the overlapping
duties and disconnect in the Municipal Code sections.
Best Practices
A survey of local cities found that most cities have either a Library Commission or a Library
Board. Two of the cities had commissions where library topics were combined with other
functions. Morgan Hill has a combined Library, Culture and Arts Commission and Campbell’s
Civic Improvement Commission includes library concerns. Since Cupertino’s library is run by
the Santa Clara County Library District (SCCLD), staff confirmed that the other cities served by
the SCCLD also have library commissions with staff liaisons that are typically from the recreation
department at the manager or director level. The only exceptions were Campbell and Saratoga,
which had the Deputy City Manager serve as liaison, as well as Milpitas which had the Housing
and Neighborhood Services Manager serve as liaison.
Senior Citizen Commission/Senior Advisory Council
In 2009, the City of Cupertino’s Senior Citizen Commission agreed to be dissolved as they had
significant overlapping functions with the Senior Advisory Council. The Advisory Council has
four Board Members and 15 committee members, which meet every other month. Currently, the
Advisory Council discusses programs at the Senior Center and receives updates on community
group activities. They address any issues or topics involving senior citizens such as Age Friendly
Cities. Staff estimates that the Advisory Council requires about 3.5 hours of staff time a month.
Given that the Advisory Council requires very little staff time with costs incorporated into the
Senior Center program, staff has evaluated that the Senior Advisory Council is operating
efficiently and does not require a new Senior Citizen Commission to be formed. However, to
113
further collaborate, it may be pertinent to have the Senior Advisory Council report out to the
Parks and Recreation Commission periodically.
Parks and Recreation Commission
The Parks and Recreation (P&R) Commission is responsible for advising the City Council on the
planning and development of parks, cultural activities, historical resources, recreation,
community services (including schools, sheriff, library, fire, and disaster preparedness), and
capital expenditures related to community activities and facilities. Historically, community
services were not included in the commission’s scope, but to correspond with the Recreation and
Community Services Department reorganization, the P&R Commission’s mandate was updated
in 2015. This addition has caused the scope of the P&R Commission to overlap with the Library
Commission and Public Safety Commission. A review of the past topics discussed by the P&R
Commission reveals that they have not taken on discussion of library or public safety issues. Over
the last year, the P&R Commission has advised on topics such as the Citywide Parks and
Recreation Master Plan, the Cupertino Pedestrian Transportation Plan, the Recreation and
Community Services Department’s accreditation process, property improvements and
acquisition, and recreation programs and events.
These topics also reflect their major accomplishments. The P&R Commission holds monthly
meetings as outlined in the Municipal Code (Section 2.36.050). Staff estimates that they spend
about eight hours of staff time a month on the Parks and Recreation Commission. The research
shows that the commission is serving appropriately in their responsibilities.
Commission Feedback
Staff met with the P&R Commission on July 24, 2018 to gather their input. The commissioners
expressed that the Library Commission and Public Safety Commission take on critical work that
needs to continue regardless of whether they are designated as commissions or committees. They
also would like to have more partnership and structured interactions with the Library and Public
Safety Commissions, as well as more formal reporting from the Senior Advisory Council. They
value more resident involvement rather than less, but were open to having more clarity in scope
across commissions. At the meeting, two community members also commented in opposition of
consolidation and one community member expressed general concern regarding the conversion
from commissions to committees and the disconnect in the Municipal Code sections.
Best Practices
A survey of local cities found that all of the 15 cities surveyed have some form of Parks and
Recreation (P&R) Commission served by a liaison from the parks and/or recreation department
at the analyst, manager, superintendent, or director level. In Milpitas, the P&R Commission is
combined with Cultural Resources and, in Redwood City, they formally include Community
Services in the title.
114
Budget Review
Staff reviewed the budgets of Library, Public Safety, and Recreation Commissions over the last
five years. The majority of the budgets are associated with the cost allocation plan and staffing
costs of the liaisons. If the commissions were disbanded, the city would still incur these staffing
costs, however, they would be redistributed to other programs, allowing staff to work on other
projects. The cost allocation charges involve spreading the costs for services such as building
maintenance, IT, finance, and HR to different programs to help reflect the full cost of operation.
These cost allocation charges would be reallocated to other programs if the commissions were
disbanded. When excluding staffing and cost allocation charges, the commission budgets are
relatively small and cost savings would be negligible when compared to the City’s total operating
budget. Very little of the materials and contract services budgets are to support commission
meetings, but instead support initiatives of the commissions. If these initiatives and programs
were to continue through the Parks and Recreation Commission, the costs to the City would
remain.
Potential staff-time savings are difficult to determine without knowing the structure of the
consolidation and whether the Parks and Recreation Commission would take on the new topics
with the same level of detail or time. Given that the Parks and Recreation Commission meets
monthly for about 2.5 hours, there may not be additional capacity to include additional topics
with the current schedule. If additional meetings are required, this would require additional staff
resources, diminishing the staff time saved from disbanding commissions.
Findings
While these three commissions may overlap in their outlined responsibilities in the Municipal
Code, they have not overlapped in practice. Overall, all three commissions agreed that refining
their mandates to improve clarity and reduce overlap would be beneficial. The issue of
consolidating commissions has both opportunities and challenges, which are outlined below.
Having one commission look at various programs serving children, youth, and adults could
provide better opportunities for partnership as well as reduced duplication of services. Currently
as planned, all three commissions will be staffed by the Recreation and Community Services
Department. The consolidation of commissions would reduce staff resources to some extent. If
the commissions were consolidated, the creation of committees could create opportunities for
addressing specific issues, reduce overall burden on the Parks and Recreation Commission, and
retain opportunities for community engagement and volunteerism. Alternatively, the City could
rely on groups such as Friends of the Library to provide input to the Parks and Recreation
Commission or Council. Additionally, if committees were formed to focus on topics such as
library and public safety/emergency management, there is a potential to save some staff time on
formal agendas and minutes as they may not be subject to the Brown Act. Whether or not a
committee is subject to the Brown Act is dependent on how it is formed. If the committees were
formed as independent community groups and structured like the Senior Advisory Council, they
may not be subject to the Brown Act. Additional research on this legal issue would be required if
Council desired to explore this option.
115
On the other hand, commissions that are candidates for consolidation believe that consolidation
would result in decreased service to the community, reduced opportunities for community
engagement, and loss of passionate volunteers on library and safety issues. Currently,
representatives from the Library, Sheriff’s Office or Fire Department attend their respective
commission meetings. However, if the commissions are combined, it may not be an efficient use
of time for them to attend and hear issues not relevant to their work. This could result in less
communication between the City and these partner agencies. A consolidation of commissions
would also result in fewer opportunities for residents to serve and volunteer with the City.
Consolidations in Other Cities
Staff also researched instances of commission consolidation in other cities to gather best practices
to consider. In May, San Mateo consolidated their Sustainability and Public Works Commissions
as they had significant overlap in key topic areas. The end result of the consolidation was a new
Sustainability and Infrastructure Commission comprised of five members selected from the
previous commissioners. In 2013, San Jose consolidated their Library Commission and Early
Care and Education Commission to enable a broader perspective and participation by
community members across the age and programming continuum of services provided. The new
Library and Early Education Commission was given four additional seats for members with an
early childcare background. San Jose also consolidated their Human Rights Commission with
their Disability Advisory Commission due to the fact that changes to law impacted city policies
and limited the scope of the Human Rights Commission over the years. As a result of this reduced
scope, the Human Rights Commission was making few recommendations to Council.
Options
The Council can choose to keep the current commission structure or choose to consolidate
commissions as discussed later in this report. The following best practices are recommended for
all the options to ensure that roles are clarified and staffing resources are being efficiently used.
Refine the mandates, scopes of work, and procedures for the commissions to clarify roles,
eliminate overlap, and better serve the Council and community.
Review and refine commission procedures including the establishment of work plans
adopted by Council.
Request that the Senior Advisory Council provide quarterly updates to the Parks and
Recreation Commission or equivalent.
Consolidation Option 1:
Consolidate the Library Commission, Public Safety Commission, and Parks and
Recreation Commission into one commission, and create committees for library and
public safety/emergency management to periodically report to the Parks and Recreation
Commission or Council.
Consolidation Option 2:
116
Consolidate the Library Commission, Public Safety Commission, and Parks and
Recreation Commission into one commission, and encourage community members to
form a community groups on library and public safety/emergency management issues
to periodically report to the Parks and Recreation Commission or Council.
Fiscal Impact
The majority of the commission budgets (currently between 46%-79%) are comprised of staffing
costs and the City’s cost allocation charges. If the commissions were disbanded, these costs
would be redistributed to other programs. In addition, very little of the materials and contract
services budgets are to support commission meetings, but instead support initiatives of the
commissions. If these initiatives and programs were to continue through the Parks and
Recreation Commission, the costs to the City would remain. Due to these factors, the cost
savings to the City as a result of consolidation would be negligible.
_____________________________________
Prepared by: Katy Nomura, Senior Management Analyst
Reviewed by: Jaqui Guzmán, Deputy City Manager, and
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: Amy Chan, Interim City Manager
117