CC Ordinance No. 23-2252 Amending City Code Chapters 1.18, 9.15, 9.18, 15.04, and 16.72ORDINANCE N0. 23-2252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE CHAPTERS 1.18, 9.15, 9.18,15.04, AND 16.72
WHEREAS, the City Code of the City of Cupertino requires periodic updates in order to
improve City operations and bring the Code up to date with current law and policy; and
WHEREAS, this Ordinance makes minor revisions to the Cupertino Municipal Code to reflect
changes in law, provide clarification to the cornrnunity, and provide for improved customer
service and administration of City business.
NOW, THEREFORE, THE CITY COUNCIt OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOtLOWS:
SECTION 1. .
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares tliat it would have adopted
the remaining provisions of this ordiiiance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Sectiori 36937.
1
Ordinance No. 23-2252
Page 2
SECTION 4: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shan post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance-
INTRODUCED at a regular meeting of the Cupertino City Council on
November 7, 2023 and ENACTED at a regular meeting of the Cupertino City Council
on November 21, 2023 by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
r[- 22 Nov 28, 2023
Christopher D. Jensen, City Attorney Date
11/30/23
11/30/23
Attachment A - An Ordinance of the City Council of the City of Cupertino Amending City
Code Chapters 1.18, 9.15, 9.18, 15.04, and 16.72
The sections of the Cupertino Mvmicipa7 Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bo(d doub7e-vmder(i;ned text (
and text to be de(eted in shoran in strikethrough (e). Text in existing provisions
is not amended or readopted by this Ordinance. Text in italics is explanatory and is not
an amendmertt to the Code.
W7zere the explanatory text indicates that a new section is being added to the Cih) Code,
the nero section is shown in plai;n text.
This ordinance amends severa7 portions of the Mvmicipa7 Code. For ease of review, the
amendments advanci;ng the primary objective are presented first followed by conforming
amendments. There is a separate heading i;n bold italics for each portio;n of the Code
being amended. Each portion is shoztm beginning on a separate page.
1. Amendments to Chapter 1.18 (Claims Against the City)
1.18.020 Form of claim.
All claims shall be made in writing and verified by the claimant or by his or her
guardian, conservator, executor or administrator. No claim may be filed on behalf of a
class of persons unless verified by every member of that class as required by this
section. In addition, an claims shall contain the information required by California
Government Code Section 910. A claim may be submitted to the City electronically via
the City's website on a form approved by the City Clerk.
2. Amertdments to Chapter 9.15 (Prohibitioix ofExpanded Polystyrerte (EPS) Foam
Food Service Ware)
CHAPTER 9.15: REGULATION OF FOOD SERVICE WARE AND POLYSTYRENE
FOAM COOI,ERS USED BY FOOD PROVIDERS AND SOLD BY RET AILERS
9.15.120 Exemptions to the Regulation of Food Service Ware and Polystyrene
Foam Coolers Used by Food Providers and Sold by Retailers.
Attachment A - Page l
Ordinance No. 23-2252
Page 2 A.A Food Provider may seek an exemption from the requirements under Section9.15.110 due to a "unique packaging hardship" under Subsection B of this section, "unused inventory" under Subsection C of this section, "significant economic hardship" w1der Subsection D, or request a temporary exemption to request extra time for compliance under Subsection E. B.The Food Provider must demonstrate that no reasonably feasible alternative existsfor a specific and necessary prohibited Single-Use food service ware item to qualify for a "unique packaging hardship" exemption. C.The Food Provider must demonstrate that before October 6, 2022, it purchased theprohibited food service ware which ca1mot be retun1ed to the distributor and, despite the food vendor's best efforts, the prohibited food service ware remains in inventory, to qualify for an "unused inventory" exemption. D.The Food Provider must demonstrate that the provisions of this Chapter wouldcause significant economic hardship. "Significant economic hardship" may be based on, but not limited to, demonstrating that suitable Single-use Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Single-Use Food Service Ware is particularly burdensome to the Food Provider based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Provider, and other factors. Reasonable added cost for an item required by this Chapter shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director shall consider the following information: ability of the Food Provider to recover the additional expense by increasing its prices, outside funding, and other options. E.The Food Provider must demonstrate that for other reasons not already stated itneeds additional time to comply with the provisions of this Chapter. F.The Food Provider may submit a written application for an exemption to theEnvironmental Programs Division. The Director may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be reviewed on a case by case basis, and may be granted in whole or in part, with or without conditions, for a period of up to one year. The determination of the Director shall be final and is not subject to appeal. Page 2
Ordinance No. 23-2252
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G.Prepackaged Food delivered from outside the City is exempt from the provisions
of this Chapter.
H.Disposable Food Service Ware that is entirely Aluminum Foil-based including,
but not limited to, aluminum trays, aluminum foil wrappers and aluminum foil baskets,
is exempt from the provisions of this Chapter.
I.Temporary exemptions due to an emergency are automatic without the submission
of a request for an exemption. An emergency is defined as a sudden, unexpected
occurrence posing a clear and imminent danger that requires immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public
services. Examples of an emergency include, but are not limited to nahual disasters,
emergencies due to the release of hazardous materials, emergencies associated with loss
of power and/or water, or emergency medical response.
3.Amendments to Chapter 9.18 (Stormwater Pollution Prevention and WatershedProtection) 9.18.215 Litter Prevention and Enforcement. A.Violations.
1.It is unlawful for any person to sweep, throw, deposit, place, or drop without
picking up, any litter into or upon any public street, way, sidewalk, parking lot or other
public place, or in or upon private property in the City into or upon which the public is
admitted by easement or license.
2.It is w1lawful fot any person to throw or deposit litter in any fountain, pond,
creek, stream or other body of water in a park or elsewhere within the City.
3.It is unlawful for any person to collect any garbage, mixed recyclables, or other
materials from public or privately authorized outdoor receptacles, kept or accumulated
within the City, unless such person is an agent or employee of the City acting within the
course and scope of his or her employment, or is acting pursuant to a franchise awarded
by the City to act as garbage collector.
4.It is unlawful for any person to discard , deposit, or maintain litter on any
occupied private property within the City, whether owned by such person or not.
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Ordinance No. 23-2252
Page4 5.It is unlawful for any person to discard, deposit, or maintain litter on any open orvacant private property within the City whether or not the property is owned by such person. 6.It is unlawful for any person to drive or move any open vehicle or trailer withinthe City unless there is a tarp over the contents or the material is constructed and loaded so as to ensure that all litter is prevented from being blown or deposited upon any street, alley or other public or private place. B.Collection and Maintenance.1.Persons placing material intended for disposal or recycling in public receptaclesor in authorized private receptacles shall do so in such a manner as to prevent it from being scattered, carried, or deposited by the elements or animal scavengers upon any street, sidewalk, parking lot, creek, park or other public or private place. 2.Persons placing material intended for disposal or recycling in any public orprivately authorized outdoor receptacle shall ensure that the lid is maintained completely closed. The over-filling of any outdoor receptacle intended for, but not limited to, trash, compostable organics and recyclables, in a manner that does not allow the lid to be completely closed is prohibited. The lid of a residential yard waste bin may be left partially open so long as the greater part of the yard and tree trimmings are contained if it is necessary to leave the lid partially open due to the branches or limbs not fitting completely into the bin with the lid closed. Yard waste bins containing food waste must be left with lids completely closed when not being serviced. 3.Uncontained large items originating from single-family homes that will not fitinto a receptacle may be placed on private property adjacent to the City right-of-way for scheduled collection within 24 hours of such collection by an agent or employee of the City or by the awardee of a franchise by the City to act as garbage and recycling collector. Any such bulky item(s) may not be placed in the City right-of-way while awaiting collection. 4.Persons owning or occupying property shall maintain the premises, includingthe perimeter and the City sidewalk in front of their premises, free of loose litter. 5.Persons sharing Trios and cigarette urns placed outside of retail areas for publicuse, as required in section 9.18.210.4.P., must also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter. Page 4
Ordinance No. 23-2252
Page 5 C.Exceptions. The provisions of this section shall not apply to the distribution ofmail by the United States, nor to newspapers of general circulation as defined by general law, nor any periodical or current magazine regularly published; provided, however, that no newspaper shall be thrown, deposited or distributed upon any premises where the owner or inhabitant thereof shall have previously advised, in writing, the publisher or distributor of such newspaper not to do so; and no newspaper shall be thrown, deposited or distributed upon any premises where two (2) or more editions of the same newspaper remain unclaimed by the owner or occupant thereof. 4.Amendments to Chapter 15.04 (Waterworks System-Rates and Charges)15.04.010 Definitions. The following terms when used in this chapter have the following respective meanings: A."City" means the City of Cupertino.B."Customer" means any person, firm, company, corporation, partnership,association, the City, any public corporation, political subdivision, city, county, district, the State of California or the United States of America, or any department or agency of any thereof, who uses water furnished by the water system. C."Council" means the City Council of the City.D. "Lease" means that certain lease entered into on October 1, 1997 between the Cityand San Jose Water Company, a California corporation whereby the City water system was leased for a period of twenty-five years, or any subsequent lease of the City water system entered into by the City. E."Water" means water furnished through the water system.F."Water facilities" means existing water system equipment and appurtenances.G."Water provider" means the San Jose Water Company or any subsequent lessee ofthe City water system. H."Water service" means the services, facilities and water furnished or available topremises by the water system. I."Water system" means the enterprise system for the supply, treatment, storage,transmission and distribution of water, including lines, easements, reservoirs, water rights, water tanks, water mains, wells, pumps, pumping equipment, storage, treatment, transmission and distribution facilities, and other works, properties or structures necessary or convenient as more specifically described in Exhibit B attached to the lease. J."Service area" means the territory serviced by the water system as described in thelease. Page 5
Ordinance No. 23-2252
Page6
5.Amendments to Chapter 16.72 (Rect1cling and Diversion of Construction andDemolition Waste) 16.72.050 Information Required Before Issuance of Permit. Every applicant shall submit a properly completed waste management plan on a form
approved by the Public Works Director, as a portion of the building or demolition
permit application process for a covered project.
A.The vendor that the applicant proposes to use to haul the materials must be
consistent with the franchise currently in effect pursuant to the provisions of Chapter
6.24;
B.Approval by the Director of Public Works, or designee, of the waste management
plan as complying with the applicable California Green Building Standards Code shall
be a condition precedent to the issuance of any building or demolition permit for a
covered project.
Page 6
ORD 23-2252 Amending City Code Chapters
1.18, 9.15, 9.18, 15.04, and 16.72
Final Audit Report 2023-1 '1-28
Created:2023-11-28
Status:
Araceli Alejandre (aracelia@cupertino.org)
Signed
Transaction ID:CBJCHBCAABAA-EisdeVUerfLXzGjPfok8tWkSCIPv3P2
"ORD 23-2252 Amending City Code Chapters 1.18, 9.15, 9.18, 1
5.04, and 16.72" History
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify
the attached to be a true and correct copy of Ordinance No. 23-2252
which was enacted on November 21, 2023, and that it has been
published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this 30th day of November 2023.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California