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2018 S-70 SupplementLMB (1 2/201 8) CUPERTINO, CALIFORNIA Instruction Sheet 2018 S-70 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 1 ,2 29 through 32 47,48 51 through 54 59 through 64 67 through 7 4 1, 2 29 through 32 47, 48 51 through 54 59 through 64 67 through 76 45 , 46 COMPREHENSIVE ORDINANCE LIST 45, 46 INDEX 4A through 6 9 through 12 16A through 20 23, 24 31 , 32 4A through 6 9 through 12 16A through 20 23, 24 31, 32 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-70 Supplement contains: Local legislation current through Ordinance 18-2181, passed 12-4-2018 COPYRIGHT © 2019 AMERICAN LEGAL PUBLISHING CORPORATION ( I \ ( 2018 S-70 TITLE 2: ADMINISTRATION AND PERSONNEL Chapter 2.04. City Council-Election and Meetings 2.06 (Reserved) 2.08 City Council-Rules and Conduct of Meetings 2.12 Introduction and Passage of Ordinances 2.16 City Council-Salaries 2.17 City Council/City Staff Relationships 2.18 City Attorney 2.20 City Clerk 2.24 City Treasurer 2.28 City Manager 2.30 Code Enforcement Officer 2.32 Planning Commission 2.36 Park and Recreation Commission 2.40 Disaster Council 2.48 Departmental Organization 2.52 Personnel Code 2.60 Public Safety Commission 2 .64 (Reserved) 2.68 Library Commission 2.74 Cupertino Technology, Information, and Communications Commission 2.78 Landlord-Tenant Mediation-Issuance of Subpoenas 2.80 Fine Arts Commission 2 .84 Environmental Review Committee 2.86 Housing Commission 2.88 Audit Committee 2.90 Design Review Committee 2.92 Bicycle Pedestrian Commission 2.94 Sustainability Commission 2.95 Teen Commission Cupertino -Administration and Personnel 2 ( ( ( 2.32.010 CHAPTER 2.32: PLANNING COMMISSION* Section 2 .32.010 Established . 2 .32.020 Terms of Office . 2.32 .030 Vacancy or removal. 2.32.040 Chairperson. 2.32.050 Meetings. 2. 3 2 . 060 Amendments-Records. 2.32 .070 Powers and functions. 2.32.080 Procedural rules. * * For statutory provisions regarding the establishment of a city planning commission, see Gov . Code§ 65100 et seq. --See Title 17, Zoning. Prior ordinance history: Ords. 5, 5(b), 5(c), 5(d), 167, 1166, 1213, 1321, 1459, 1549 and 1697. 2.32.010 Established. The City Planning Commission is established . The City Planning Commission shall consist of five members, none of whom shall be officials or employees of the City and none of whom shall cohabit with as defined by law, nor be related by blood or marriage to any other member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The five members shall be appointed by the City Council . Each member shall be a qualified elector in and resident of the City. Each member shall receive compensation as established by resolution of the City Council. (Ord. 1787, § 1 (part), 1998) 2.32.020 Terms of Office. A . Commissioners serve at the pleasure of the City Council. The term of office of the members of the Planning Commission shall be four years and shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired termofless than two years. 2018 S-70 29 B. The appointment, reappointment and rules governing incumbent members of the Commission are which governs advisory bodies. (Ord . 18-2180, § 1 (part), 2018; Ord . 1974, § 4 (part), 2006; Ord . 1787, § 1 (part), 1998) 2.32.030 Vacancy or Removal. Any appointed member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term, it shall be filled by the Mayor's appointment for the unexpired portion of the term. (Ord. 1787 , § 1 (part), 1998) 2.32.040 Chairperson. The commission shall elect its Chairperson and Vice- Chairperson from among its members. The terms of the Chairperson and Vice-Chairperson shall be for one year. (Ord. 2015, § 7, 2008; Ord . 1787 , § 1 (part), 1998) 2.32.050 Meetings. A. The City Planning Commission shall hold regular meetings on the second and fourth Tuesdays of each month at six forty-five p .m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes . City Planning Commission meetings that fall on legal holidays shall automatically be moved to the following day . B. Special meetings of the Commission may be called at any time by the Chairperson or by any three or more members of the Commission upon written notice being given to all members of the Commission and received by them at least twenty -four hours prior to the meeting, unless notice requirement is wai ved in writing by the member. (Ord . 1942, 2004; Ord. 1787 , § 1 (part), 1998) 2.32.060 Cupertino -Administration and Personnel 30 2.32 .060 Amendments-Records. A. The affirmative vote of not less than a majority of its total voting members is required to approve a recommendation to amend the zoning ordinance; the affirmative vote of a majority present with a quorum present is required to take any other action. B . The Commission shall keep an accurate record of its-proceedings and transactions , and_ shall render such reports to the Council as may be required by ordinance or resolution, and shall submit an annual report to the Mayor . These records shall be filed with the City Clerk . (Ord. 18-2180 , § 1 (part), 2018; Ord. 1787, § 1 (part), 1998) 2.32 .070 Powers and Functions. The powers and functions of the City Planning Commission shall be as follows: A. Prepare, periodically review, and revise as necessary, the General Plan ; B. Implement the General Plan through actions including , but not limited to, the administration of specific plans and zoning, subdivisions, and sign ordinances; C. Annually review the capital improvement program of the City and the local public works projects of other local agencies for their consistency with the General Plan (pursuant to Sections 65400 et seq. of the California Government Code); D . Endeavor to promote public interest in , comment upon, and understanding of the General Plan, and regulation relating to it; E. Consult and advise with public officials and agencies , public utility companies, civic, educational, professional, and other organizations and citizens generally concerning implementation of the General Plan; F . Promote the coordination of local plans and programs with the plans and programs of other agencies; G. Perform other functions as the City Council provides including conducting studies and preparing plans other than those required or authorized by state law; H . Establish as needed a standing subcommittee of the Commission for Design Review. The Planning Commission shall decide appeals of the Design Review Committee for the purposes of conducting design review on projects that properly come before the Design Review Committee for review, and conduct design review of a project as required by Chapters 2. 90 , 19 .132, 19 .134 and of the Cupertino Municipal Code . (Ord . 1844, § 1 (part), 2000; Ord. 1787 , § 1 (part), 1998) 2.32 .080 Procedural Rules. The Planning Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties . Such rules shall be subject to approval by the Council before becoming effective . All such rules shall be kept on file with the 2018 S-70 Chairperson of the Planning Commission and the Mayor and a copy thereof shall be furnished to any person upon request. (Ord. 1844, § 1 (part), 2000 ; Ord . 1787, § 1 (part), 1998) ( ( 2.36.010 CHAPTER 2.36: PARK AND RECREATION COMMISSION* Section 2.36.010 Established. 2.36.020 Terms of Office . 2.36.030 Members-Vacancy or removal. 2. 3 6. 040 Chairperson. 2 .36 .050 Meetings. 2.36.060 Majority vote required . 2.36.070 Records . 2.36.080 Powers and Functions. 2.36.090 Procedural rules. 2.36.110 Effect. * For statutory provisions regarding parks and playgrounds, see Gov. Code§ 38000 et seq.; for provisions regarding municipal control of certain parks, see Public Resources Code § 5181 et seq. 2.36.010 Established. The Parks and Recreation Commission of the City is established. The Parks and Recreation Commission shall consist of five members who are residents of the City, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. The five members shall be appointed by the City Council. (Ord. 1639, (part), 1993; Ord. 1460, (part), 1988; Ord . 1083, (part), 1980; Ord . 739, (part), 1976; Ord. 303, § 2.1, 1965) 2.36.020 Terms of Office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Parks and Recreation Commission shall be for four years and shall end on January 30th of the year their term is due to expire . No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. 2018 S-70 31 B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord. 18-2180, § 2 (part), 2018; Ord. 1974, § 4 (part), 2006; Ord . 1639, (part), 1993; Ord . 1460, (part), 1988; Ord. 1321, § 1 (part), 1985; Ord. 1166, (part), 1982; Ord. 739, (part), 1976; Ord. 303, § 3.1, 1965) 2.36.030 Members-Vacancy or Removal. Any appointee member may be removed by a majority vote of the total membership of the City Council . If a vacancy occurs other than by expiration of a term, it shall be filled by the appointment by the City Council for the unexpired portion of the term. (Ord. 15-2127, § 1, 2015; Ord. 303, § 4 .1, 1965) 2.36.040 Chairperson. The Commission shall elect its Chairperson and Vice- Chairperson from among its members. The terms of the Chairperson and Vice-Chairperson shall be for one year. (Ord. 2015, § 6, 2008; Ord. 1697, (part), 1995; Ord. 1321, § 2 (part), 1985; Ord. 1167, (part), 1982; Ord. 303, § 5.1, 1965) 2.36.050 Meetings. The City Park and Recreation Commission shall establish a regular place of meeting and rules of conduct thereof, and shall hold at least one regular meeting each month. Special meetings of the Commission may be called at any time by the Chairman or by any three or more members of the Commission upon personal notice being given to all members of the Commission . If personal notice cannot be given, written notice must be mailed to such members at least twenty -four hours prior to the meeting, unless the notice requirement is waived in writing to the member. (Ord . 1639, (part), 1993; Ord. 739, (part), 1976; Ord. 303, § 6 .1, 1965) 2.36.060 Majority Vote Required. A majority vote is required to approve a recommendation or on any matter that is presented to the Commission which requires a vote. (Ord . 303, § 7.1, 1965) 2.36.070 Cupertino -Administration and Personnel 32 2.36.070 Records. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council as may be required . These records shall be filed with the City Clerk. (Ord . 18-2180, § 2 (part), 2018; Ord . 15-2127 , § 2, 2015; Ord. 303, § 7 .2, 1965) 2.36.080 Powers and Functions. The peweFs and functions oL the City Park and Recreation Commission shall be as follows: A. To hold hearings on matters pertaining to planning and development of parks, cultural activities, historical resources, recreation , community services (including, but not limited to schools and senior services), and capital expenditures related to community activities and facilities; B. To conduct such other hearings as are necessary and in accordance with its own rules and regulations; C . To report its decisions and recommendations in writing to the City Council; D . To consider , formulate and propose programs, activities, resources, plans and development designed to provide for, regulate and direct the future growth and development of community activities, parks and a recreation system in order to secure to the City and its inhabitants better service; E. To make investigations and reports for future acquisition of park sites; F. To make, in its advisory capacity, any and all recommendations to the City Council relating to the above matters, including the extension of the parks, recreation system and community activities to outlying areas of the City; G. In cooperation with the Director of Recreation and Community Services, the Commission will consider, review, and evaluate parks, recreation programs, and community activities; H. To consider , formulate, and propose cultural activities and historical preservation for the City and its residents. (Ord. 18-2180, § 2 (part), 2018; Ord . 15-2127 , § 3, 2015; Ord. 739 , (part), 1976; Ord. 497, § 1, 1971; Ord. 303, §8 .1, 1965) 2.36.090 Procedural Rules. The City Park and Recreation Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its functions. Such rules shall be recommended to the Director of Recreation and Community Services and shall be subject to approval by the City Council before becoming effective. All such rules shall be kept on file with the Chairman of the City Park and Recreation Commission, the department office, and the Mayor , and a copy thereof shall be furnished each Commissioner and any other person upon request. (Ord . 15-2127, § 4, 2015; Ord. 303, § 9.1 , 1965) 2018 S-70 2.36.110 Effect. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Council or City Officers, or the delegation to the Parks and Recreation Commission of any authority or discretionary powers imposed by law in such Council or officers. The City Council declares that the public interest and convenience require the appointment of a Parks and Recreation Commission to act in a purely advisory capacity to such Council . (Orcf 1083, (part), 1980) ( ( 2.60 .010 CHAPTER 2.60: PUBLIC SAFETY COMMISSION Section. 2.60.010 Established. 2.60.020 Terms of Office. 2.60.030 Vacancy-Removal. 2. 60 . 040 Meetings-Quorum-Officers-Staff. 2. 60. 050 Compensation-Expenses. 2.60 .060 Records . 2. 60 . 070 Duties -Responsibilities. 2.60.080 Effect. 2.60.010 Established. The Public Safety Commission of the City is established. The Public Safety Commission shall consist of five members, all of whom shall reside within the City and shall be appointed by the City Council. None shall be officials or employees of the City, members of the Sheriff's Department of the County , either regular or reserve, nor shall they be members of the Central Fire Protection District. No members of the Public Safety Commission shall cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. (Ord. 1463, (part), 1988; Ord . 1432, 1988; Ord . 574, § 1, 1973) 2.60.020 Terms of Office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Public Safety Commission shall be for four years and shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies . (Ord. 18 -2180, § 4 (part), 2018; Ord. 2015 , § 8, 2008; Ord. 1463, (part), 1988; Ord . 1321, § 1 (part), 1985; Ord. 1166, (part), 1982; Ord. 574, § 2, 1973) 2018 S-70 47 2.60.030 Vacancy-Removal. Any appointee member may be removed by a majority vote of the total membership of the City Council. Vacancies shall be filled by appointment by the City Council, and shall be for the unexpired portion of the term of office vacated. (Ord. 574, § 3, 1973) 2.60. 040 Meetings-Quorum-Officers-Staff. The Public Safety Commission shall hold regular meetings at least once every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. A majority of the Public Safety Commission shall constitute a quorum for the purpose of transacting the business of the Commission. The Public Safety Commission shall elect a chairperson and a vice- chairperson, both of whom shall serve at the pleasure of the Commission. Terms of the chairperson and vice- chairperson shall be for one year. Upon approval of the City Council, the City Manger may appoint a secretary who need not be a member of the Commission. Staff services as required shall be provided to the Commission by the City Manager. (Ord. 2015, § 8, 2008; Ord. 1964, § 1, 2005; Ord. 1321, § 2 (part), 1985; Ord. 1167, (part), 1982; Ord. 574, § 4, 1973) 2.60.050 Compensation-Expenses. Members of the Public Safety Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacities shall be paid by appropriate action of the City Council. (Ord. 574, § 5, 1973) 2.60.060 Records. The Commission shall keep a record of its proceedings and transactions, and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. (Ord. 18-2180, § 4 (part), 2018; Ord . 574, § 6, 1973) 2.60.070 Duties-Responsibilities. The duties and responsibilities of the Public Safety Commission shall be to: 2.60.070 Cupertino · Administration and Personnel A. Act in an advisory capacity to the City Council in all matters pertaining to safety, traffic, police, fire and other areas wherein the matter of public safety may be of concern; B. Hold hearings and formulate policies and procedures with respect to the foregoing for approval by the City Council; C . Perform such other tasks as may be expressly requested of it by the City Council. (Ord . 574, § 7, 1973) 2.60 .080 Effect. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Council or City officers, or the delegation to the Public Safety Commission of any authority or discretionary powers imposed by law in such council or officers. The City Council declares that the public interest, convenience, welfare and necessity require the appointment of a Public Safety Commission to act in a purely advisory capacity to such Council, for the purpose enumerated in this chapter . (Ord. 574, § 8, 1973) 2 018 S-70 48 ( 2.68.010 CHAPTER 2.68: LIBRARY COMMISSION Section 2.68.010 Established. 2.68.020 Terms of Office. 2.68.030 Vacancy-Removal. 2. 68. 040 Meetings-Quorum-Officers-Staff. 2. 68. 050 Compensation-Expenses. 2.68.060 Records. 2. 68. 070 Duties-Powers-Responsibilities. 2 .68.080 Effect. 2.68.010 Established. The Library Commission of the City is established. The Library Commission shall consist of five members, at least three of whom must be residents of the City of Cupertino and none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. Members of the Library Commission shall be appointed by the City Council . (Ord. 1464, (part), 1988; Ord . 679, (part), 1975) 2.68.020 Terms of Office. A. Commission members serve at the pleasure of the City Council. The term of office of the members of the Library Commission shall be for four years and shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she bas been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord . 18-2180 , § 5 (part), 2018; Ord. 1974, § 4 (part), 2006 ; Ord. 1464, (part), 1988; Ord . 1321, § 1 (part), 1985; Ord . 1166 , (part), 1982; Ord. 679, (part), 1975) 2.68.030 Vacancy-Removal. Any appointee member may be removed by a majority vote of the total membership of the City Council . Vacancies 2018 S-70 51 shall be filled by appointment by the City Council, and shall be for the unexpired portion of the term of office vacated . (Ord. 679, (part), 1975) 2.68.040 Meetings-Quorum-Officers-Staff. The Library Commission shall hold regular meetings at least once every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. A majority of the Library Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Library Commission shall elect a chairperson and a vice-chairperson, both of whom shall serve at the pleasure of the Commission . Terms of office for the chairperson and vice-chairperson shall be for one year . Staff services as required shall be provided to the Commission by the City Manager. (Ord . 2015, § 5, 2008; Ord. 1964, § 2 , 2005; Ord. 1321, § 2 (part), 1985; Ord. 1167, (part), 1982; Ord. 679, (part), 1975) 2.68.050 Compensation-Expenses. Members of the Library Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacities shall be paid by appropriate action of the City Council. (Ord . 679, (part), 1975) 2.68.060 Records. The Commission shall keep a record of its proceedings and transactions, and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. (Ord . 18-2180 , § 5 (part), 2018; Ord. 679, (part), 1975) 2.68. 070 Duties-Powers-Responsibilities . The Library Commission shall have the following duties, powers and responsibilities, and such other as they may be entrusted with by the City Council from time to time: A. Consult with the City Council, the City staff and the Santa Clara County Library Joint Powers Authority and staff regarding the functioning of the physical facilities of the Cupertino Library and shall make recommendations from time to time for improvement or modification thereof; 2.68.070 Cupertino -Administration and Personnel B . Consult with the City Council, the City staff and the Santa Clara County Library Joint Powers Authority and staff regarding the Cupertino Library programs and services to the community and shall make recommendations from time to time for improvements or modifications thereof; C. Consult with and act as liaison with private community groups supportive of the library program; D . Consult with the architect and the City Council in tlie plahning of any main or branch -liorary building facilities, including locations, building layout, architecture, landscaping and furnishings; E. Hold hearings, formulate policies and make rules and procedures with respect to the foregoing for approval by the City Council; F. Perform such other tasks as may be expressly requested of it by the City Council . (Ord . 1697, (part), 1995; Ord. 679, (part), 1975) 2.68.080 Effect . Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Council or City officers , or the delegation to the Library Commission of any authority or discretionary powers imposed by .law in such council or officers. The City Council declares that the public interest, convenience, welfare and necessity require the appointment of a Library Commission to act in a purely advisory capacity to such Council , for the purpose enumerated in this chapter . (Ord. 679, (part), 1975) 52 ( ( 2.74.010 CHAPTER 2.74: CUPERTINO TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION* Section 2.74.010 Established. 2 .74 .020 Terms of Office. 2.74.030 Vacancy-Removal. 2. 7 4. 040 Meeting-Quorum-Officers-Staff. 2 .74.050 Records. 2. 7 4. 060 Duties, powers and responsibilities. 2.74 .070 Budget. 2.74.080 Effect. * Prior ordinance history: Ords. 1099, 1166, 1167, 1233, 1280, 1321, 1465 and 1697. 2.74.010 Established. The Technology, Information, and Communications Commission (formerly Telecommunications Commission of the City) is established and shall consist of five members from among the qualified electors of the City, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. Members of the Technology, Information, and Communications Commission shall be appointed by the City Council. (Ord. 2010, 2007; Ord. 1995, (part), 2007; Ord. 1965, (part), 2005; Ord. 1722 , (part), 1996; Ord. 1714, (part), 1996) 2.74.020 Terms of Office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Technology, Information, and Communications Commission shall be for four years and shall end on January 30th of the year their term is due to expire . No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an une xpired term of less than two y ears. B. The appointment , reappointment and rules go verning incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord. 18-2180, § 6 (part), 2018; Ord. 1974, § 4 (part), 2006 ; Ord. 1965, (part), 2005 ; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2018 S-70 53 2.74.030 Vacancy-Removal. Any member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term vacancies shall be filled by appointment of the City Council and shall be for the unexpired portion of the term of office vacated . (Ord. 1965 , (part), 2005; Ord . 17 14, (part), 1996) 2. 74.040 Meeting-Quorum-Officers-Staff. A. The Technology, Information, and Communications Commission shall hold regular meetings at least once every three months and at the discretion of the Commission shall hold other meetings as may be necessary or expedient. A majority of the Commission shall constitute a quorum for the purpose of transacting the business of the Commission. B. The Commission shall elect a chairperson and a vice chairperson, both of whom shall serve at the pleasure of the Commission . The terms of office shall be for one year. C . The City Manager shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed . D . The Foothill-De Anza Community College District shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed . (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.050 Records. The Commission shall keep an accurate record of its proceedings and transactions , and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk . (Ord . 18-2180, § 6 (part), 2018; Ord. 1965 , (part), 2005; Ord. 1722 , (part), 1996; Ord. 1714, (part), 1996) 2.74.060 Duties, Powers and Responsibilities. The Cupertino Technology, Information, and Communications Commission sh all ha v e the following duties, po wers and responsibilities , and such others as the 2.74.060 Cupertino -Administration and Personnel 54 members shall be entrusted with by the City Council from time to time. The commission shall: 1. Advise the City Council and City Manager on all matters relating to technology, information, and communications within the city of Cupertino; 2 . Evaluate compliance with any franchise or other agreement between the City and technology, information, and communications providers and make recommendations to-the City Council; 3. Conduct periodic reviews of technology, information, and communications providers, facilities and products and make recommendations on such subjects to the City Council; 4. Recommend amendments to the City's telecommunications policy of the City Council; 5. Serve as a liaison between the City, the public and the technology, information, and communications providers in enhancing information and education. Such activities include providing an opportunity for input to residents and disseminating noncommercial, educational materials about technology, information , and communications services; 6. At the request of the City Manager, provide assistance in examining methods to obtain equivalent franchise fees or other economic benefits from service providers; 7. Provide support for community access television, especially public and educational access, and give guidance when needed for development and implementation of access channels and programming; 8 . Recommend ways to foster the City's best use of technology, information, and communications infrastructure and services for the maximum benefit of the community. 9 . Provide education to the community on the use of technology, information, and communications infrastructure and services. (Ord. 1965 , (part), 2005 : Ord. 1722, (part), 1996; Ord. 1714 , (part), 1996) 2.74.070 Budget. The Technology, Information, and Communications Commission shall submit an annual budget to the City Council for its review and approval . All expenditures require the approval of the City Manager or his designee. Any grants for program production or other purposes require the approval of the City Council. (Ord . 1965 , (part), 2005; Ord . 1722, (part), 1996; Ord. 1714, (part), 1996) 2005 S-6 2. 74.080 Effect. '' Nothing in this C®pter shall be construed as restricting or curtailing any of the powers of the City Council or City officers or the delegation to the Technology, Information, and Communications Commission of any authority or discretionary powers empowered by law on such Council or officers. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) ( ( 2.80.010 CHAPTER 2.80: FINE ARTS COMMISSION Section 2 .80.010 Established. 2.80 .020 Terms of Office. 2.80.030 Members-Vacancy or removal. 2. 80. 040 Chairperson. 2 .80.050 Meetings-Quorum. 2 .80.060 Majority vote required . 2 .80.070 Records. 2 .80.080 Powers and functions. 2. 80. 090 Compensation-Expenses. 2 .80.100 Effect. 2.80.010 Established. The Fine Arts Commission of the City is established. The Fine Arts Commission shall consist of six members, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission . The membership shall be reduced back to five members when one Fine Arts Commissioner term expires in January 2019 . At least three members shall be City of Cupertino residents. Members of the Fine Arts Commission shall be appointed by the City Council. Membership will be drawn to represent the arts, citizens and business community on an approximately equal basis. (Ord. 1934, (part), 2004; Ord. 1466, (part), 1988; Ord . 1401, (part), 1987; Ord. 18-2171, 2018) 2.80.020 Terms of Office. A . Commissioners serve at the pleasure of the City Council. The term of office of the members of the Fine Arts Commission shall be for four years and shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two consecutive terms if be or she bas been appointed to the Commission to fill an unexpired tern10fless than two years. B. The appointment , reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord . 18 -2180 , § 7 (part), 2018; Ord. 1974, § 2, 2006; Ord. 1705, (part), 1995; Ord. 1466 , (part), 1988; Ord. 1401, (part), 1987) 2018 S-70 59 2.80 .030 Members-Vacancy or Removal. Any appointee member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. (Ord. 1401, (part), 1987) 2.80.040 Chairperson. The Commission shall elect its chairperson and vice- chairperson from among its members and shall appoint a secretary . Terms of the chair and vice-ch air shall be for one year. Upon approval of the City Council, the City Manager may appoint a secretary who need not be a member of the Commission . (Ord. 2015, § 3, 2008; Ord. 1401, (part), 1987) 2.80.050 Meetings -Quorum. A. The Fine Arts Commission shall establish a regular place of meeting and rules of conduct thereof and shall bold at least one regular meeting every other month. B. A majority of the Fine Arts Commission shall constitute a quorum for the purpose of transacting the business of the Commission. (Ord. 1964, § 3, 2005; Ord . 1401, (part), 1987) 2.80.060 Majority Vote Required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission which requires a vote. (Ord . 1401, (part), 1987) 2.80.070 Records. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. (Ord. 18-2180, § 7 (part), 2018; Ord. 1401, (part), 1987) 2.80.080 Powers and Functions . A . The powers and functions of the Fine Arts Commission shall be to foster, encourage and assist the realization, preservation and advancement of fine arts for the benefit of the citizens of Cupertino. 2.80.080 Cupertino, -Administration and Personnel B. To fulfill their mission, the Commission may involve itself in the following activities : 1 . Act as a catalyst for the promotion of fine arts activities; 2 . Keep current on potential fine arts activities which would be available to the community; 3. Provide liaison between various fine arts activities; -4. Provide-a means for cooi-dination_for.....fine arts groups or facilities which may exist within the community; 5 . Maintain an inventory of facilities available for related fine arts activities within the community; 6 . Provide screening and /or review for fine arts activities wishing to obtain city funds or utilize public facilities; 7. Provide information to the community relating to the arts; 8. Foster the development of public art within the community; 9 . Be vigilant in exploring and advancing the range of fine arts activities available to the community; 10. Enhance the interaction between arts and business; 11. Any other activity which may be deemed appropriate and necessary. (Ord. 1401, (part), 1987) 2.80.090 Compensation-Expenses. Members of the Fine Arts Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council. (Ord . 1401, (part), 1987) 2.80.100 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council or City officers . (Ord. 1401, (part), 1987) 2018 S-65 60 ( 2.84.010 CHAPTER 2.84: ENVIRONMENTAL REVIEW COMMITTEE Section 2. 84.010 Established-Composition. 2.84.020 Terms of Office. 2.84.030 Chairperson. 2 .84.040 Meetings-Quorum. 2 . 84.050 Compensation-Expenses. 2.84.060 Majority vote required. 2.84.070 Records. 2 . 84. 080 Duties-Powers-Responsibilities. 2.84 .090 Guidelines-CEQA. 2.84 .100 Appeals. 2. 84.110 Fees . 2.84.120 Effect. 2.84.010 Established-Composition. The Environmental Review Committee (ERC) of the City is established . ERC shall consist of one City Council person, one Planning Commissioner, the City Manager, the Director of Public Works and the Director of Community Development or their designated alternates. In addition, the chairperson may appoint one at-large nonvoting citizen member to the committee. The at-large member shall receive all agendas, notifications and materials which other members receive and shall be entitled to participate in all discussions at ERC meetings in the same manner as other members of the committee. The at-large member would serve a term of one year; provided, that he or she may be removed at the pleasure of the chair. (Ord. 1570, § 1, 1991; Ord. 1535, (part), 1990) 2 .84 .020 Terms of Office. The terms of staff members are ongoing unless changed by action of the City Council. The term of the City Council person and Planning Commissioner shall be reviewed periodically by the City Council and Planning Commission respectively for reappointment or a new appointment. Because this Committee is composed of staff and members of other bodies it is not directly governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord . 18-2180, § 8 (part), 2018; Ord. 1535, (part), 1990) 2018 S-70 61 2.84.030 Chairperson. The Committee shall elect its chairperson and vice- chairperson from among its members and shall appoint a secretary. The secretary need not be a member of the Committee . (Ord. 1535 , (part), 1990) 2.84.040 Meetings-Quorum. A. The Environmental Review Committee shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least two regular meetings each month. B. A majority of the Environmental Review Committee shall constitute a quorum for the purpose of transacting the business of the Committee. (Ord. 1535, (part), 1990) 2.84.050 Compensation-Expenses. Members shall serve on the Environmental Review Committee without compensation but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid following appropriate action by the City Council . (Ord. 1535, (part), 1990) 2.84.060 Majority Vote Required. A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the Committee which requires a vote. (Ord. 1535, (part), 1990) 2.84.070 Records. The Committee shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council and Planning Commission as may be required. These records shall be filed with the City Clerk . (Ord. 18-2180, § 8 (part), 2018; Ord. 1535 , (part), 1990) 2. 84. 080 Duties-Powers-Responsibilities. A. All discretionary projects which are not categorically exempt or otherwise exempted from further environmental assessment, shall be forwarded to the Environmental Review Committee for evaluation under the California Environmental Quality Act. 2.84.080 Cupertino -Administration and Personnel I\ B . The Committee sg all evaluate the initial study of a proposed project to determine whether the project may or may not have a significant effect on the environment. C. If a determination is made that the project will not have a significant impact on the environment, the Committee will recommend that the final reviewing authority (decisionmaker) grant a negative declaration. D. If a determination is made that the project may have a significant impact on the environment, the-Committee shall require preparation of an environmental impact report (EIR). The major areas of concern, the selection of the preparer and the preparation of the EIR shall be coordinated by the ERC not including the City Council and Planning Commission members. (Ord. 1535, (part), 1990) 2.84.090 Guidelines-CEQA. California Environmental Quality Act guidelines promulgated by the California Secretary of Resources and as subsequently amended are adopted by this reference . (Ord. 1535, (part), 1990) 2.84.100 Appeals. The project sponsor may appeal a decision to prepare an EIR to the City Council. The appeal shall be filed in writing with the City Clerk within five working days of the Committee's decision. If the City Council determines that an EIR is not necessary, the project shall be returned to the ERC for further consideration. (Ord. 1535, (part), 1990) 2.84.110 Fees. The City Council may, by resolution, establish an environmental assessment fee. (Ord. 1535, (part), 1990) 2.84.120 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission or City officers. (Ord. 1535, (part), 1990) 2018 S-70 62 ( ( 2.86.010 CHAPTER 2.86: HOUSING COMMISSION* Section 2 .86 .010 Established-Composition. 2. 86 .020 Members-Residency-Selection . 2 .86.030 Terms of Office. 2 .86.040 Members-Vacancy prior to expiration of a term. 2.86.050 Chairperson . 2.86.060 Meetings. 2. 86.070 Compensation-Expenses. 2 .86 .080 Majority vote required. 2.86.090 Records. 2. 86 .100 Duties-Powers-Responsibilities . 2. 86.110 City staff assistance . 2. 86.120 Procedural rules. 2.86 .130 Effect. * Editor's note: The title of this chapter was amended from Housing Committee by Ord . 1892, and from Affordable Housing Committee by Ord . 1722 . 2.86.010 Established-Composition. A. The Housing Commission of the City is established. The Housing Commission shall consist of five members as follows : 1. Representative from a Cupertino financial institution, 2. Representative from a Cupertino business, 3. Three community members, B. The representatives from a financial institution, Cupertino business, and the community members shall not be officials or employees of the City, nor cohabit with , as defined by law, nor be related by blood or marriage, to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission . C. The Director of Community Development , or his or her designee , shall provide technical assistance to the Commission. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722 , (part), 1996; Ord . 1641, § 1 (part), 1994; Ord . 1576, § 1 (part), 1992) 2. 86. 020 Members-Residency-Selection. A. Housing Committee members who are representatives of a financial institution or a business are not required to be Cupertino residents , but the financial 2018 S-70 63 institution and the business represented must be located in Cupertino. The three community members must be residents of Cupertino. B. In selection of community members, the City Council may give priority to: 1. Applicants who represent the Community Development Block Grant (CDBG) target areas as described in the city's Consolidated Plan. 2. Applicants who are familiar with the operation of affordable housing; 3. Applicants who repres ent non-profit community organizations ; and 4 . Applicants who are knowledgeable about the housing needs of groups targeted for affordable housing development which include, but are not limited to, the following: 1. Seniors, 2 . Single parent families, 3. Homeless persons, 4 . Families of low income, 5 . Disabled persons , 6. Renters, 7 . Firsttimehomebuye rs . (Ord . 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722 , (part), 1996; Ord . 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.030 Terms of Office. A . Housing commissioners serve at the pleasure of the City Council . The term of office of the members of the Housing Commission shall be for four years commencing on the date of their resp ective appointments to the Housing Commission or its predecessor Commission and shall end on January 30th of the year their terms are due to expire . No member shall serve more than two consecutive terms except that a member m ay serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are go verned by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord. 18 -2180, § 9 (part), 2018; Ord. 2062, (part), 2010; Ord. 1974 , § 3 , 2006; Ord. 1892, (part), 2002; Ord . 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord . 1576, § 1 (part), 1992) 2.86.040 Cupertino · Administration and Personnel 64 2.86.040 Members-Vacancy Prior to Expiration of a Term. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.030 Chairperson. The Chairperson and Vice Chairperson shall be elected from among Commission members. Terms shall be for one year . (Ord. 2062, (part), 2010; Ord. 2015, § 4, 2008; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.060 Meetings. A. The Housing Commission shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting each quarter. B . A majority of the Housing Commission shall constitute a quorum for the purpose of transacting the business of the Commission. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2. 86. 070 Compensation-Expenses. Members shall serve on the Housing Commission without compensation. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.080 Majority Vote Required. A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the Commission which requires a vote . (Ord. 2062, (part), 2010; Ord . 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.090 Records. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission as may be required . These records shall be filed with the City Clerk. (Ord. 18-2180 , § 9 (part), 2018; Ord. 2062, (part), 2010; Ord . 1892, (part), 2002; Ord . 1641 , § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2. 86 .100 Duties-Powers-Responsibilities. The powers and functions of the Housing Commission shall be as follows : 2018 S-70 A. To assist the Planning Commission and the City Council in developing housing policies and strategies for implementation of general plan housing element goals; B. To recommend policies for implementation and monitoring of affordable housing projects; C. To facilitate innovative approaches to affordable housing development and to generate ideas and interest in pursuing a variety of housing options; D . When requested by the Director of Community Development or the City Councfl, to m filc e recotn.mendations to the Planning Commission and the City Council regarding affordable housing proposals in connection with applications for development including, but not limited to, recommendations for possible fee waivers , other incentives, the number and type of affordable units and the target groups to be served . Any referral to the Housing Commission shall be limited to consideration of affordable housing proposals which exceed normal housing requirements under the applicable provisions of the City 's general plan or ordinances related thereto; E. To make recommendations regarding requests for money from the CDBG and Affordable Housing Funds ; F . To provide information about affordable housing; G . To meet with neighborhood, community, regional and business groups as necessary to receive input and assist in generating affordable housing; H. To help identify sources of funds to develop and build affordable housing; I. To perform any other advisory functions authorized by the City Council . (Ord . 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.110 City Staff Assistance. The Housing Commission shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Community Development. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.120 Procedural Rules. The Housing Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the chairperson of the Housing Commission, the Mayor , and the City Clerk, and a copy thereof shall be furnished to any person upon request. (Ord . 2062, (part), 2010; Ord . 1892, (part), 2002; Ord. 1722 , (part), 1996; Ord. 1641 , § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) ( 2.88.010 CHAPTER 2.88: AUDIT COMMITTEE Section 2.88.010 Established-Composition. 2 .88.020 At large member-Qualifications. 2.88.030 Terms of Office. 2 .88 .040 Members-Vacancy prior to expiration of a term. 2.88.050 Chairperson. 2.88.060 Meetings . 2 . 88. 070 Compensation-Expenses. 2.88.080 Majority vote required. 2.88 .090 Records. 2. 88 . 100 Duties-Powers-Responsibilities. 2. 8 8. 110 City staff assistance. 2 .88.120 Procedural rules . 2. 88 .130 Effect. 2.88.010 Established-Composition. A The Audit Committee of the City is established. The Audit Committee shall consist of five members as follows: 1. 2. Two City Council members; A minimum of Two and a maximum of three at large members who are not officials or employees of the Ci;,y nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the committee . (Ord. 1913, (part), 2003; Ord. 1874, § 1 (part), 2001; Ord. 1679, § 1 (part), 1995) 2.88.020 At Large Member -Qualifications. An Audit Committee at large member is not required to be a Cupertino resident. In selecting an at large member, the City Council shall give priority to individuals who have substantial accounting, audit, or investment experience, preferably in connection with a governmental agency. (Ord . 1913, (part), 2003; Ord . 1874, § 1 (part), 2001; Ord. 1679 , § 1 (part), 1995) 2.88.030 Terms of Office. A. Audit Committee members serve at the pleasure of the City Council. The term of office of the members of the Audit Committee shall be for four years commencing on 2018 S-70 67 the date of their respective appointments to the Audit Committee and shall end on January 30th of the year the terms are due to expire. No Audit Committee member shall serve more than two consecutive terms unless he or she has been appointed to the committee to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Audit Committee are governed by the Resolution of the City Council which governs advisory bodies. (Ord. 18-2180, § 10 (part), 2018; Ord. 1974, § 1, 2006; Ord. 1679, § 1 (part), 1995) 2.88.040 Members -Vacancy Prior to Expiration of a Term. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. (Ord. 1679 , § 1 (part), 1995) 2 .88.050 Chairperson. The committee shall elect its chairperson and vice chairperson from among its members and shall appoint a secretary. Terms of the chairperson and vice chairperson shall be for one year. Upon approval of the City Council, the City Manager may appoint a secretary who need not be a member of the committee . (Ord. 2015, § l, 2008; Ord . 1679, § 1 (part), 1995) 2.88.060 Meetings. A. The Audit Committee shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting quarterly . B. A majority of the Audit Committee shall constitute a quorum for the purpose of transacting the business of the committee. (Ord . 1679, § 1 (part), 1995) 2.88.070 Compensation-Expenses. Members shall serve on the Audit Committee without compensation , but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council . (Ord. 1679, § 1 (part), 1995) 2.88.080 Cupertino -Administration and Personnel 2.88.080 Majority Vote Required. A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the committee which requires a vote. (Ord. 1679, § 1 (part), 1995) 2.88.090 Records. The committee shall keep an accurate record of its proceedmts and 1ransactions and shall rend€r such reports to the City Council and Planning Commission as may be required. These records shall be filed with the City Clerk . (Ord. 18-2180, § 10 (part), 2018; Ord. 1679, § 1 (part), 1995) 2. 88 .100 Duties-Powers-Responsibilities. The powers and functions of the Audit Committee shall be as follows: A . To review the annual audit report and management letter; B. To recommend appointment of auditors; C. To review the monthly Treasurer's report; D. To recommend a budget format; E. To review City investment policies and internal controls of such policies. (Ord. 1679, § 1 (part), 1995) 2.88.110 City Staff Assistance. The Audit Committee shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Administrative Services. (Ord. 1679 , § 1 (part), 1995) 2.88.120 Procedural Rules. The Audit Committee may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be subject to approval by the Council before becoming effective. All such rules shall be kept on file with the chairperson of the Audit Committee, the Mayor , and the City Clerk and a copy thereof shall be furnished to any person upon request. (Ord. 1679, § 1 (part), 1995) 2.88.130 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. (Ord. 1679, § 1 (part), 1995) 2018 S-70 68 ( ( 2.90.010 CHAPTER 2.90: DESIGN REVIEW COMMITTEE Section 2 .90 .010 Established. 2.90 .020 Purpose. 2.90.030 Terms of office . 2.90.040 Vacancy or removal. 2.90 .050 Chairperson. 2.90.060 Meeting-Quorum. 2.90.070 Licensed architect. 2.90 .080 Records. 2.90.090 Powers and functions. 2.90 .100 Procedural rules . 2.90 .110 Effect. 2.90.010 Established. The Design Review Committee (DRC) is established. The DRC shall consist of the Planning Commission Vice Chair and one additional Planning Commission representative, to be appointed by the Planning Commission. One additional member of the Planning Commission shall be designated to serve as an alternate in the absence of a Planning Commission member. This alternate member shall be selected by the Planning Commission. (Ord. 2085, § 2 (part), 2011; Ord . 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.020 Purpose. The Design Review Committee shall endeavor to reduce the Planning Commission's workload by simplifying its design review responsibilities and incorporating professional architectural advice where it adds value to the design review process . The Design Review Committee shall include all aspects of site and architectural design, including : A. The relationship of the building to its surrounding land uses and the street; B. Compliance with adopted height limits, setbacks, architectural and landscape design guidelines; C. Protection of surrounding land uses and the subject uses from intrusive impacts, such as, noise, glare, dust, chemicals, smells and visual disturbances; D. Providing adequate parking and circulation for vehicles and pedestrians; E. The overall quality and compatibility of the building materials and architecture with the surroundings. (Ord. 2085 , § 2 (part), 2011; Ord . 1844, § 1 (part), 2000) 2018 S-70 69 2.90.030 Terms of Office. All Design Review members shall have a term of one year, expiring on January 15th of each year, or until a successor is duly appointed. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817 , § 1 (part), 1999) 2.90.040 Vacancy or Removal. Any Design Review Committee member may be removed from the committee by a majority vote of the City Council. If a vacancy occurs including an expiration of a term, it shall be appointed by the Planning Commission . (Ord. 2085, § 2 (part), 2011; Ord . 1844 , § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.050 Chairperson. The chairperson shall be the Planning Commission Vice Chair. The term shall be one year and shall begin on January 15th and be complete on January 15th of the following year, or until a successor is duly appointed. (Ord . 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.060 Meeting-Quorum. A . The DRC shall meet at dates and times prescribed by the committee. Meetings shall be held at City Hall, 10300 Torre A venue, Cupertino, California. The committee may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment . When so adjourned, such meeting shall be a regular meeting for all purpose. B . Special meetings of the committee may be called at any time by the chairperson or by any member of the committee upon written notice being given to all members at least twenty-four hours prior to the meeting , unless notice is waived in writing by each member. C . Two Design Review Committee members or one member and the designated alternate shall be present to constitute a quorum for the purpose of transacting the business of the committee. A majority vote of the quorum is required to approve any decision of the committee. A tie vote constitutes a denial of any application or request. (Ord. 2085, § 2 (part), 2011; Ord . 1844, § 1 (part), 2000; Ord. 1817, § I (part), 1999) 2.90.070 Cupertino -Administration and Personnel 2.90.070 Licensed Architect. A licensed architect shall make recommendations to the coillillittee. The architect shall be selected by the City Council and shall be compensated based upon a contract with the City for a period not exceeding two years. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.080 Records . A. The coillillittee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Coillillission directly after each meeting. The appeal of said decision is governed by Chapter 19 .12 of the zoning code. The coillillittee shall also comply with all requirements of the State of California Open Meeting Law (the Brown Act), including the preparation and posting of meeting agendas . B. These records shall be filed with the City Clerk. (Ord. 18-2180, § 11 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.090 Powers and Functions. The powers and functions of the DRC are as identified in Chapter 19.12 of the zoning code and to perform other functions as the City Council requires . (Ord . 2085, § 2 (part), 2011; Ord . 1844, § I (part), 2000; Ord . 1817, § 1 (part), 1999) 2.90.100 Procedural Rules. The DRC may adopt from time to time such rules or procedures as it may deem necessary to properly exercise its powers and functions . Such rules shall be subject to approval by the City Council before becoming effectiv e. All such rules shall be kept on file with the chairperson of DRC and the City Clerk and a copy of the rules shall be furnished to any person upon request. (Ord. 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord. 1817, § 1 (part), 1999) 2.90.110 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Coillillission or City officers . (Ord . 2085, § 2 (part), 2011; Ord. 1844, § 1 (part), 2000; Ord . 1817, § 1 (part), 1999) 2018 S-70 70 ( ( ( 2.92.010 CHAPTER 2.92: BICYCLE PEDESTRIAN COMMISSION Section 2 . 92.010 Established-Composition . 2.92.020 Terms of Office. 2 .92 .030 Members-Vacancy and removal. 2 .92 .040 Chairperson. 2 . 92. 050 Meetings-Quorum. 2.92 .060 Majority vote required. 2.92.070 Records. 2.92.080 Powers and functions . 2.92.090 Compensation-Expenses. 2.92.100 Procedural rules . 2.92.110 Effect. 2.92.010 Established-Composition. The Bicycle Pedestrian Commission of the City is established. The Bicycle Pedestrian Commission shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or any staff person(s) who may be assigned by the City Manager to assist this Commission. All members shall be City of Cupertino residents. Members of the Bicycle Pedestrian Commission shall be appointed by the City Council. (Ord. 1895, (part), 2002) 2.92.020 Terms of Office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Bicycle Pedestrian Commission shall be for four years and shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord. 18-2180, § 12 (part), 2018; Ord. 2015, § 2, 2008; Ord. 1895 , (part), 2002) 2018 S-70 71 2.92.030 Members-Vacancy and Removal. Any appointee member may be removed by a majority vote of the City Council . If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. (Ord . 1895, (part), 2002) 2 .92.040 Chairperson . The Commission shall elect its chairperson and vice- chairperson from among its members and shall appoint a secretary . Terms of the chair and vice -chair shall be for one year . (Ord. 2015, § 2, 2008; Ord. 1895, (part), 2002) 2 .92.050 Meetings-Quorum. A. The Bicycle Pedestrian Commission shall establish a regular place of meeting and rules of conduct thereof and shall hold at least one regular meeting every other month, unless a regular meeting is cancelled by direction of the Commission chairperson. B. A majority of the Bicycle Pedestrian Commission shall constitute a quorum for the purpose of transacting the business of the Commission . (Ord . 1964, § 4, 2005; Ord. 1895, (part), 2002) 2.92.060 Majority Vote Required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote . (Ord . 1895, (part), 2002) 2.92.070 Records. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. (Ord . 18-2180, § 12 (part), 2018; Ord. 1895, (part), 2002) 2.92.080 Powers and Functions. A . The powers and functions of the Bicycle Pedestrian Commission shall be to review , monitor and suggest recommendations for City transportation matters including, but not limited to, bicycle and pedestrian traffic, parking, education and recreation within Cupertino. 2.92.080 Cupertino -Administration and Personnel B. To fulfill their mission, the Commission may involve itself in the following activities: 1. To monitor and update the bicycle transportation plan and pedestrian transportation guidelines; 2 To suggest recommendations, review and monitor the City's general plan transportation element; 3 . To receive public input pertaining to bicycle and pedestrian transportation and infrastructure issues; 4--:-To make r ec ommendations regarding the implementation of roadway and transportation improvements as it pertains to bicycle and pedestrian needs; 5 . To make recommendations regarding the allocation of funds for capital e xpenditures relating to bicycle and pedestrian transportation; 6. Any other activity that may be deemed appropriate and necessary . (Ord. 1895, (part), 2002) 2.92.090 Compensation-Expenses. Members of the Bicycle Pedestrian Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paici by appropriate action of the City Council. (Ord. 1895 , (part), 2002) 2.92.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the chairperson of the Commission, the Mayor and the City Clerk, and a copy thereof shall be furnished to any person on request. (Ord. 1895, (part), 2002) 2.92.110 Effect. Nothing in this chapter shall be construed as restricting any powers of the City Council or City officers. (Ord. 1895, (part), 2002) 2018 S-70 72 ( ( 2.95.010 CHAPTER 2.95: TEEN COMMISSION Section 2.95.010 Established. 2.95.020 Terms of Office . 2.95.030 Vacancy-Removal. 2 .95 .040 Chairperson. 2 . 95. 050 Meetings-Quorum. 2.95.060 Majority Vote Required. 2 .95.070 Records. 2.95.080 Powers and Functions. 2 .95.090 Compensation-Expenses. 2.95.100 Procedural Rules . 2. 95 .110 Effect. 2.95.010 Establishe d. The Teen Commission of the City is established. The Teen Commission (hereinafter referred to in this Chapter as "Commission") will be comprised of nine members, at least one person from each public middle school and public high school in Cupertino, if possible . Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the City limits, or be schooled at home. Commissioners must be in the 8th through 11th grade at time of appointment. None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the City. Commissioners should reflect the broadest possible representation of Cupertino youth . (Ord. 18-2181, § 1 (part), 2018) 2.95.020 Terms of Office. A . Commission members serve at the pleasure of the City Council. The term of office of Teen Commission members shall be for two years. Five appointments will be made in odd-numbered years and four appointments in even-numbered years. The terms will begin on September 1st and end on August 31st of the year their term is due to expire . Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction. 2018 S-70 75 B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies and the Resolution of the Cupertino City Council which governs the Teen Commission specifically. (Ord. 18-2181, § 1 (part), 2018) 2.95.030 Vacancy-Removal. Any appointee member may be removed by a majority vote of the City Council. Vacancies shall be filled by appointment by the City Council, and shall be for the unexpired portion of the term of office vacated. (Ord . 18-2181, § 1 (part), 2018) 2 .95.040 Chairperson. The Commission shall elect its Chairperson and Vice-Chairperson from among its members who shall serve in these capacities for one year. (Ord. 18-2181, § 1 (part), 2018) 2 .95.050 Meetings-Quorum. A. The Teen Commission shall hold regular meetings at least every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. B. A majority of the Commission shall constitute a quorum fo: the purpose of transacting the business of the Commission . (Ord . 18-2181, § 1 (part), 2018) 2 .95.060 Majority Vote Required . A majority vote is required to approve a recommendation or on any matter that is presented to the Commission which requires a vote . (Ord . 18-2181 , § 1 (part), 2018) 2.95.070 Records. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council as may be required . These records shall be filed with the City Clerk. (Ord. 18-2181, § 1 (part), 2018) 2.94.050 Cupertino -Administration and Personnel 74 B . A majority of the Sustainability Commission shall constitute a quorum for the purpose of transacting the business of the Commission. C. A special meeting may be called at any time by the chairperson or by a majority of the Commissioners upon notice being given in advance in accordance with the provisions of the Ralph M. Brown Act or successor statute in effect at the time. (Ord. 2132, § 1 (part), 2015) 2.94.060 Majority Vote Required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote. (Ord . 2132, § 1 (part), 2015) 2.94.070 Records. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. (Ord. 18-2180, § 13 (part), 2018; Ord. 2132, § 1 (part), 2015) 2.94.080 Powers and Functions. A . The powers and functions of the Commission shall be to serve in an advisory capacity to the City Council to provide expertise and guidance on major policy and programmatic areas related to the environmental, economic and societal goals noted within Cupertino's CAP and General Plan Environmental Resources/Sustainability Element. B. To fulfill their mission, the Commission may involve itself in the following activities : 1. Monitor and update the CAP based upon quantified metrics to measure and evaluate mitigated impacts and community benefits. 2. Suggest recommendations, review, and monitor the City's General Plan Environmental Resources/Sustainability Element and its intersections with the CAP. 3. Advise the City Council how to strategically accelerate Cupertino's progress towards sustainability and recommend priorities to promote continued regional leadership in sustainability . 4. Periodically review policies governing specific practices and programs, such as greenhouse gas emissions reduction , water conservation, renewable energy, energy efficiency, materials management, and urban forestry. Illustrative examples include creation of infrastructure for low emissions vehicles, installation of renewable energy or energy efficiency technologies, drafting of water conservation or waste reduction policies, delivery of habitat restoration and conservation programs , design and roll-out of pollution prevention campaigns, etc . 2018 S-70 5. Make recommendations regarding the allocation of funds for infrastructure and technology improvements to elevate operational performance of City facilities, businesses, educational institutions and homes by reducing costs, improving public health, and serving community needs. 6. Accept public input on the subject areas noted above and advise the City Council on ways to drive community_ awareness, behavior change, education and participation in City programs moaeled upon tire field's best practices. 7 . Review and make recommendations to the City Council on Federal, State and regional policies related to sustainability that have the potential to impact City Council's goals and policies. 8. Pursue any other activity or scope that may be deemed appropriate and necessary by the City Council. (Ord. 2132, § 1 (part), 2015) 2.94. 090 Compensation-Expenses. Members of the Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. (Ord. 2132, § 1 (part), 2015) 2.94.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request. (Ord . 2132, § 1 (part), 2015) 2.94.110 Effect. Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. (Ord . 2132, § 1 (part), 2015) ( ( 2.95.010 CHAPTER 2.95: TEEN COMMISSION Section 2 .95 .010 Established. 2.95.020 Terms of Office. 2.95.030 Vacancy-Removal. 2.95.040 Chairperson. 2. 95. 050 Meetings-Quorum. 2.95 .060 Majority Vote Required. 2.95.070 Records. 2 .95.080 Powers and Functions . 2 . 95. 090 Compensation-Expenses. 2. 95 .100 Procedural Rules . 2.95.101 Effect. 2.95.010 Established. The Teen Commission of the City is established. The Teen Commission (hereinafter referred to in this Chapter as "Commission") will be comprised of nine members, at least one person from each public middle school and public high school in Cupertino, if possible . Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the City limits, or be schooled at home. Commissioners must be in the 8th through 11th grade at time of appointment. None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the City . Commissioners should reflect the broadest possible representation of Cupertino youth. (Ord . 18-2181 , § 1 (part), 2018) 2.95 .020 Terms of Office. A. Commission members serve at the pleasure of the City Council. The term of office of Teen Commission members shall be for two years. Five appointments will be made in odd-numbered years and four appointments in even-numbered years. The terms will begin on September 1st and end on August 31st of the year their term is due to expire . Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction. 2018 S-70 75 B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies and the Resolution of the Cupertino City Council which governs the Teen Commission specifically. (Ord. 18-2181 , § 1 (part), 2018) 2 .95 .030 Vacancy-Removal. Any appointee member may be removed by a majority vote of the City Council. Vacancies shall be filled by appointment by the City Council, and shall be for the unexpired portion of the term of office vacated. (Ord. 18-2181, § 1 (part), 2018) 2.95.040 Chairperson. The Commission shall elect its Chairperson and Vice-Chairperson from among its members who shall serve in these capacities for one year. (Ord. 18-2181, § 1 (part), 2018) 2.95.050 Meetings-Quorum. A. The Teen Commission shall hold regular meetings at least every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. B. A majority of the Commission shall constitute a quorum for the purpose of transacting the business of the Commission. (Ord. 18-2181 , § 1 (part), 2018) 2.95.060 Majority Vote Required. A majority vote is required to approve a recommendation or on any matter that is presented to the Commission which requires a vote. (Ord. 18-2181, § 1 (part), 2018) 2.95.070 Records. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council as may be required . These records shall be filed with the City Clerk . (Ord. 18-2181, § 1 (part), 2018) 2.95.080 Cupertino -Administration and Personnel 2.95.080 Powers and Functions. The powers and functions of the Teen Commission shall be as follows: A. Advise the City Council and staff on issues and projects important to youth. B. Perform such other tasks as may be expressly requested of it by the City Council . (Ord. 18-2181, § 1 (part), 2018) 2.95.090 Compensation-Expenses. Members of the Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. (Ord . 18-2181, § 1 (part), 2018) 2.95.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be subject to the approval by the City Council and shall be kept on file with the Chairperson of the Commission and the City Clerk, and a copy thereof shall be furnished to any person on request. (Ord. 18-2181, § 1 (part), 2018) 2.95.110 Effect. Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. (Ord. 18-2181, § 1 (part), 2018) 2018 S-70 76 45 Comprehensive Ordinance List ( Ord. No. Ord. No. 16-2157 Amends § 19.08 .030 regarding 17 -2166 Amendments to zoning map change definitions ( 19. 08) (Not Codified) 16-2158 Amends Ch. 8.07 and Table 19 .20.020 17-2167 An interim urgency ordinance regarding beekeeping (8.07, 19.20) extending Ordinance 16-2153 and a 16-2159 Amends§§ 19.08.030, Table temporary moratorium on non-medical 19 .20.020, 19 .24 .040, 19 .52.020, and marijuana dispensaries, marijuana Ch. 19.112 regarding accessory cultivation and cultivation facilities, dwelEng units (19.20, 19.24, 19 .52 and commercial cannabis activities and 19 .112) marijuana transport and deliveries 16-2160 An interim urgency ordinance pending completion of an update to the establishing a temporary moratorium on zoning code (Not Codified) non-medical marijuana dispensaries, 17-2168 Add Ch. 14.02, Transportation Impact marijuana cultivation and cultivation Fee Program (14.02) facilities, commercial cannabis activities 17-2169 Adds Ch. 10 .84, amends § 19.08 .030, and marijuana transport and deliveries and repeals and replaces Ch. 19.98, pending completion of an update to the regarding medicinal and adult use of zoning code (Not Codified) marijuana (10.84, 19.08, 19.98) 17-2161 Amends§§ 11.08.160 and 11.08 .180 17-2170 Amends§§ 19.08.030 and 19 .112 .020, regarding restrictions on bicycles title of Ch. 19 .112, and Table (11.08) 19 .112.030, regarding accessory 17-2162 Amends Table 19.12.030, dwelling units in R-1, RHS and A-1 §§ 19.12.080, 19 .12 .090, 19.12.110, zones (19.08, 19.112) Tables 19.20.020, 19 .28.040, and 18-2171 Amends § 2 .80.010, regarding the ( § 19.28 .050 regarding zoning Fine Arts Commission (2.80) administration, permitted and 18-2172 Adds Ch. 10. 05, Social Host conditional uses, and single story Responsibility ( 10. 05) overlay district process (19.12, 19.20, 18-2173 Amends§ 2.48.020 and adds 19.28) § 2.48.040 regarding the Department 17-2163 Amends 11.27 .145 regarding of Public Works (2.48) preferential parking zones (11 .27) 18 -2174 Amends§§ 3.12 .010 through 3.12.030 17-2164 Amends§§ 16.72.010 through and 3 .12.050 through 3.12.140 16 .72 .070 regarding recycling and regarding transient occupancy tax diversion of construction and demolition (3 .12) waste (16 . 72) 18-2175 Amends Table 19 .12.030 and Ch . 17-2165 Amends§§ 9.22.010 through 9 .22.050, 19.148 regarding required artwork in 19.08.030, 19.12.030, 19.12.080, public and private developments 19 .12.100, 19.12.110, 19.24.050, (19.12, 19 .148) 19.28.070, 19 .36.070, Tables 18-2176 Amends§ 11.27 .145 regarding 19.40 .050, 19.40 .060, 19.60.030, and preferential parking zones (11.27) 19.64.020, and 19.112.030, and 18-2177 Amends §§ 19.12.030, 19 .16 .010, and §§ 19.116.030 through 19.116.060 20.04 .040 regarding adoption and regarding property maintenance, implementation of Vall co Town Center administration , accessory dwelling Specific Plan (19.12, 19.16, 20.04) units, definitions, agricultural and 18-2178 Rezone (Special) agricultural-residential zones, 18-2179 Approves development agreement multiple-family residential zones, between city and V allco Property residential hillside zones, general Owner, LLC (Special) commercial zones, permitted, conditional and excluded uses, and conversions of apartment projects to common interest developments (9 .22, 19.08, 19.12, 19.24, 19 .28 , 19 .36, 19.40, 19.60, 19 .64, 19 .112, 19.116) 2018 S-70 Rep!. Ord. No. 18-2180 18-2181 2018 S-70 Cupertino -Comprehensive Ordinance List Amends §§ 2.32.020, 2.32.060, 2.36 .020, 2.36 .070, 2 .36 .080, 2.60.020, 2.60.060, 2.68.020, 2.68.060, 2 .74.020, 2.74.050, 2.80.020, 2.80.070, 2.84.020, 2 .84.070, 2.86 .030, 2.86.090, 2.88 .030, 2.88 .090, 2 .90.080, 2 .92.020, 2-:-92.070, 2.94.020 and 2.94.070 regarding terms of office and records for various City Commissions (2.32, 2.36, 2.60, 2.68, 2.74, 2 .80, 2 .84, 2 .86, 2 .88, 2.90, 2.92 and 2.94) Adds Ch. 2.95, Teen Commission (2.95) 46 ( 4A Immunization, vaccination See Dog, cat See Sale Impoundment disposition 8.02.040 fee 8 .02.010 hearing, appeal See Hearing notice 8.02 .030 redemption 8 .02.020 Kennel inspection 8. 05 . 050 permit See also permit denial, revocation application 8. 05. 020 expiration, renewal 8 .05.040 nontransferable 8. 05. 090 required 8.05 .010 permit denial, revocation 8.05 .060 appeal 8. 05. 070 subsequent application 8.05 .080 requirements generally 8 .05.030 violation, penalty 8 .05.100 Nuisance when 8.01.130 Penalty, general 8.01.170 Poisoning Sale See Abuse age requirement 8.09.010 immunization 8. 09. 020 returned animal 8. 09. 030 violation, penalty 8 .09.040 Traps prohibited 8.01.160 Vehicles 8.01.140 Zoning, land use not regulated 8 .01.020 APARTMENT Business license APPEAL See also BUSINESS LICENSE tax 5.04.320 See also Specific Subject Administrative definitions 1.16.010 procedure 1. 16. 020 Sewers, health officer decisions 15.20.190 Water rates, charges 15.04 .050 Zoning regulations, decisions See ZONING 2018 S-70 Index ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS ., Applicability of regulations 19 .148. 020 Application for public artwork 19.148.050 Design criteria and artist qualifications 19 .148. 060 Ineligible artwork 19.148.040 In lieu payment for artwork is discouraged 19. 148. 090 Maintenance requirements 19 .148 .080 Minimum artwork value 19 .148.070 Permitted artwork 19.148.030 Purpose and intent 19. 148.010 Cupertino -Index 4B ( ( ( 5 ATHLETIC EVENT Regulations, permit See PARADES AND ATHLETIC EVENTS ATTORNEY, CITY Assistant, acting, when 2 .18.070 Bond requirements 2.18.060 City staff, relations with 2 .18 .040 Conflict of interest 2.64.020 Council, relations with 2.18 .030 Eligibility 2 .18.100 Employment agreement 2 .18 .080 Office established 2.18 .010 Powers, duties 2 .18 .020 Public, relations with 2 .18 .050 Rental dispute mediation appeal duties 2. 78. 080 subpoena duties 2 .78 .040 Staff 2 .18 .090 Suspension, removal , resignation 2.18 .110 AUDIT COMMITTEE Chair 2 .88.050 City powers unchanged 2.88 .130 City staff 2.88.110 Compensation, expense reimbursement 2.88 .070 Established, composition 2.88 .010 Meetings 2.88.060 Members at large 2.88.020 vacancy 2 .88 .040 Powers, duties 2 .88 .100 Record.keeping 2 . 88. 090 Rules, regulations 2.88.120 Term 2.88.030 Voting 2 .88 .080 AUTO COURT Business license tax rate 5 .04 .390 --B -- BAGS See SINGLE-USE CARRYOUT BAGS BAR See RESTAURANT BEEKEEPING See ANIMALS BELOW MARKET RATE HOUSING PROGRAM Administration 19 .172 .030 Purpose 19 .172 .010 Requirements 19 . 172. 020 2018 S-70 Index BICYCLE Administration 11.08 .020 Attaching to vehicle, prohibited 11 .08 .170 Bicycle lanes designated 11. 08. 250 use regulations 11. 08 . 190 vehicles using prohibited 11. 08. 230 Dealers purchaser education 11. 08 .110 registration verification 11. 08 .100 Definitions 11.08.010--11.08.015 Equipment requirements 11.08 .130 Impoundment 11. 08 . 240 Lane position requirements 11. 08 .150 License address change notification 11. 08. 090 alteration, destruction prohibited 11. 08. 061 existing , validity 11.08 .070 fees 11. 08 .120 indicia, renewal 11.08 .050 issuance 11.08.040 transferability 11. 08 . 080 Package carrying restrictions 11. 08. 220 Pedestrian path use exemptions 11. 08 .180 restrictions 11 . 08. 160 Registration certificate See also License issuance 11. 08 . 060 Regulations generally 11. 08 . 020 Riding restrictions 11. 08. 210 Roller skates See ROLLER SKATES Routes designated 11. 08 . 260 Skateboards See SKA TEBO ARDS Traffic laws applicability 11. 08 .140 Violation, penalty 11.08.280 Walking, pedestrian laws applicable 11.08.200 BICYCLE PEDESTRIAN COMMISSION Chairperson 2.92 .040 Compensation, expenses 2.92 .090 Effect 2.92.110 Established, composition 2.92 .010 Meetings majority vote required 2.92.060 procedural rules 2 .92 .100 quorum 2.92 .050 Members terms of office 2.92 .020 vacancy and removal 2 .92 .030 Powers and functions 2 .92.080 Records required 2 .92 .070 Cupertino -Index 6 BINGO Administrative authority designated 5 . 32 .170 Authority 5.32.010 Defined 5 .32.020 Equipment 5 .32 .090 Financial interest limited 5 .32.100 Hours 5.32.150 Inspection authority 5 .32 .180 License applicant investigation 5.32 .210, 5 .32 .220 application, contents 5 .32.200 approval, conditions 5 .32 .240 denial when 5.32.250 fee 5 .32 .280 nontransferable 5.32 .310 records, opportunity to review 5 .32 .230 renewal 5.32.290 required 5.32 .190, 5 .32 .270 suspension, revocation appeal 5 .32.330 authority 5.32.320 notice 5.32 .320 Location 5 .32 .080 Minor, participation prohibited 5 . 32 . 040 Organizations permitted to conduct 5.32.030 Participant to be present 5 .32.140 Prizes.value 5.32.130 Proceeds, charitable uses required 5.32.110 Provisions to supplement state law 5.32.350 Public ac cess required 5 .32.050 Recordkeeping 5.32 .120 Reporting requirements 5 .32 .300 Staffing, operation change , reporting, investigation 5.32.260 generally 5 . 32. 060 Violation, Penalty 5 .32.360 BOND Attorney, city 2.18 .060 Auctioneer 5.08.020 City clerk 2 .20 .040 Excavation, grading permittee 16 .08 .150 Manager, city 2.28 .030 Moving buildings 16 .36 .060 Private patrol 5 .24 .050 Public works contract 3 .23 .140 Street improvement installation 14 . 04 .170 Subdivision improvement security 18-1 . 808. 2 Taxicab 5 .28.150 Treasurer, city 2.24.040 2015 S-47 BUILDING Address number visibility requirements 16 .04 .050 El ectrical Code See ELECTRICAL CODE Excavation , foundations, retaining walls See EXCAVATION, GRADING, RETAINING WALLS Fence See FENCE Heating , cooling See MECHANICAL CODE Inspector bingo license applicant investigation 5. 32 .220 building moving permit issuance 16 .36.050 Moving contiguous land 16 .36 .080 definitions 16.36 .010 metal tires prohibited 16.36.090 notice required 16.36.040 permit application 16.36.030 bond 16 .36.060 conditions 16.36 .070 fees 16.36.055 issuance, hearing 16.36.040 required 16.36.020 roller restrictions 16. 36.100 truck requirements 16 .36.110 supervisor, duties 16.36 .120 Plumbing code See PLUMBING CODE Preliminary soils report See Soils report code adoption 16.12 .010 required 16 .12 .020 Retaining wall See EXCAVATION , GRADING , RETAINING WALLS Soils report approval 16.12 .050 building permit conditions 16 .12.060 code adoption 16.12.010 contents 16.12.030 preparation 16 .12.040 required 16 .12.020 Swimming pool 16.04.400 ( ( 9 COFFEE SHOP See RESTAURANT COMMISSION, CITY See Specific Commission COMMUNICATION WITH CITY OFFICIALS Public building, prohibited acts designated 10 .10. 020 Right designated 10.10.010 Violation, penalty 10.10.030 COMMUNITY DEVELOPMENT DEPARTMENT See DEPARTMENTAL ORGANIZATION COMMUNITY DEVELOPMENT DIRECTOR Parade and athletic event administrative authority 10 .44.030 CONCERT Business license See also BUSINESS LICENSE fee 5 .04.340 CONSTRUCTION TAX Adjustment 3. 32. 045 Definitions 3.32.020 Exceptions 3.32.070 Imposition 3.32 .030 Payment place 3 .32.060 time 3 .32 .050 Purpose, intent 3.32.010 Rates 3 .32.040 Refunds 3 .32.050 Revenue use 3 .32.080 CONTRACTOR Business license See also BUSINESS LICENSE fee 5.04.370 COUNCIL, CITY Abandoned vehicle, hearing 11. 04 . 070 Bicycle, fee allocation 11.08.130 2014 S-46 Index Bingo license fee 5.32.280 Business license powers, duties 5.04.060 Call for Council review 2.08 .145 Child care expense reimbursement, when granted 2.72 .010 Communications 2 .08 .100 Contract bid award 3.24.080 Document signature authority 2 .08.135 Election See also Campaign finance generally 2.04.005 False alarm hearing duties 10.26.120 Manager, city appointment 2.28.010 suspension, removal 2 .28.090 Meeting discussion procedure 2.08.130 emergency 2 .04.025 order of business 2.08 .090 place 2.04 .030 presentation method 2.08.080 protests 2.08.120 reconsideration motions 2 .08.095 petitions 2.08.096 regular 2.04 .010 special 2.04 .020 violation, penalty 2.08.140 Municipal employee relations officer appointment 2 .52.320 Nuisance abatement hearing 1. 09. 070 Officer, official body reports 2. 08 .110 Parade, athletic event permit appeal hearing 10 .44. 140 Permit parking time determination 11.27 .130 Personnel authority 2. 52. 090 Petition definitions 2. 08. 030 exception 2 .08.070 hearing notice 2.08.040 Public safety commission appointment 2 .60.010 Reimbursement 2.16. 030 Robert's Rules of Order adopted 2.08.020 Rules adopted 2.08.010 Salary amount, effective date 2.16.020 statutory basis 2 .16 .010 Cupertino -Index Storm drainage service charge adjustment authority 3 .36.160 collection duties 3 . 3 6. 080 review duties 3.36.050 Technology, information, and communications commission appointment 2 .74.010 vacancy filling 2 .74 .030 Term limits 2--;84.0SQ Transient occupancy tax appeal hearing determination 3 .12.100 Vacancy filling 2 . 04 . 040 Water charge appeal hearing 15 .12 .100 Weed abatement assessment, hearing 9. 08 . 090 authority 9. 08. 060 hearing, decision, action 9.08.050 resolution 9.08.020 CRUISING See TRAFFIC CUPERTINO GARBAGE COMPANY See GARBAGE CURFEW Definitions 10 .68 .010 Exceptions 10.68 .030 Violation --D -- penalty 10.68.050 prohibited acts 10. 68.020 DEFECATION See URINATION, DEFECATION DEPARTMENT AL ORGANIZATION Authority of Director of Public Works and City Engineer to approve plans and designs 2.48 . 040 Divisions, designated 2.48 .020 Manager authority 2.48.030 Purpose 2.48 .010 DESIGN REVIEW COMMITTEE Chairperson 2.90.050 Construction of provisions 2. 90 .110 Established 2.90.010 Licensed architect 2 .90 .070 Meetings , quorum 2.90.060 Powers, functions 2.90.090 Procedural rules 2 .90 .100 2018 S-70 Purpose of provisions 2 . 90 . 020 Records 2 .90.080 Terms of office 2.90 .030 Vacancy, removal 2 .90 .040 DISASTER COUNCIL Defi.'litions 2.40. 020 Director of emergency services created 2.40.050 pow ers, duties 2 :-40.060 Emergency organization membership 2.40 .070 structure, duties, functions 2.40 .080 Expenditures 2.40 .100 Membership 2.40.030 Mutual aid provided 2.40.090 Powers, duties 2.40.030 Purposes 2.40.010 Viclation, penalty 2.40.110 DOCUMENTARY STAMP TAX Administration, authority 3. 04. 090 Exemptions 3 . 04. 040 DOG Imposition, rate 3 . 04 . 020 Payment responsibility 3. 04. 030 Refund claim, authority 3 . 04 .100 Short title, authority 3 .04.010 See ANIMAL --E -- EARTHQUAKE See TOXIC GASES ELECTIONS, MUNICIPAL See COUNCIL, CITY ELECTRICAL CODE Adopted 16 .16.010 Adoption of appendix chapters 16.16 .015 Article 100 amended-definitions 16 .16 . 020 Electrical work , 16 .16 .030 Fee schedule 16.16.040 Interpretation 16.16.050 Maintenance program 16.16 .060 Persons allowed to do electrical work designated 16.16.030 EMERGENCY See DISASTER COUNCIL 10 ( 11 EMPLOYEE, CITY See also Specific Employee Communication with public See COMMUNICATION WITH CITY See OFFICIALS General personnel policies See PERSONNEL EMPLOYEES' RETIREMENT SYSTEM See PERSONNEL ENERGY CODE Code adopted 16 .54.010 ENCROACHMENTS See STREETS AND SIDEWALKS ENGINEER, CITY Encroachment permit issuance 14.08 .050 Preliminary soil report approval 16.12.050 Truck route signing 11. 32. 020 ENVIRONMENTAL PROTECTION CEQA guidelines adopted 2 .84.090 ENVIRONMENT AL REVIEW COMMITTEE Appeals 2.84.100 Chairperson 2. 84. 030 City powers not restricted 2.84 .120 Compensation, expense reimbursement 2. 84. 050 Environmental assessment fee 2.84 .110 Established , composition 2.84.010 Meetings majority vote 2.84 .060 quorum 2.84.040 Office, term 2.84.020 Powers , duties 2.84.080 Record of proceedings 2.84.070 EQUIPMENT, SURPLUS, SALE Auction bidding, payment 3 .25 .060 required 3.25 .050 Between agencies 3. 25. 080 Centralization required 3. 25 . 030 Notice 3.25.040 Officer designated, powers , duties generally 3.25.020 Open market, when 3.25 .070 System adopted 3 .25.010 To officer , employee of city, restrictions 3 . 25 . 090 Transfer to charity, public agency 3 . 25 .100 2016 S-59 Index EXCAVATION , GRADING, RETAINING WALLS Appeals 16.08.265 Bond requirements 16.08.150 Civil engineer grading supervision 16.08 .230 Definitions 16. 08. 020 Engineering geological reports 16.08.120 Fees 16 .08 .160 Grading See als o Specific Type or Phase emergency permit issuance 16 .08.185 supervision 16.08.230 Inspections 16 . 08 . 250 Interin1 plan 16 .08.110 Limitations of provisions 16. 08. 040 Modifications 16.08.240 Permit application contents 16 . 08. 080 approval conditions 16 .08.190 denial 16 .08.180 design standards 16 .08.200 emergencies 16.08 .185 exemptions categorical 16 . 08. 070 generally 16.08.060 issuance conditions 16 .08 .170 limitations, conditions 16. 08. 210 permittee responsibility 16 . 08. 220 revocation 16 . 08 . 280 suspension 16.08 .270 Permittee responsibility 16. 08 . 220 Purpose of provisions 16.08.010 Scope 16.08.050 Severability 16.08 .030 Site map, grading plan required 16 .08.100 Soils engineering reports 16 .08 .130 Title of chapter 16 .08.000 Violation penalties designated 16. 08. 290 remedies deemed cumulative 16 .08.300 Work completion notice, report 16 .08 .260 schedule required 16. 08. 140 EXPLOSIVES Disp osal 6. 24. 100 Permit iss uance 10 .20.020 required, app lication 10.20.010 Storage 10.20 .030 Violation, penalty 10 .20 .040 Cupertino -Index 12 --F -- FALSE ALARM See ALARM FAMILY CARE HOME Business license FENCE See also BUSINESS LICENSE fee 5 .04.410 See ZONING FINANCE See PURCHASING FINANCE DIRECTOR Purchasing officer, designation, duties See PURCHASING OFFICER Storm drainage service charge bill correction authority 3 .36.150 collection duties balance payments 3.36.090 generally 3.36.080 omitted charges 3.36.100 premises inspection authority 3.36.190 FINANCE OFFICER Alarm systems administration and enforcement 10.26.100 appeals hearing 10.26.120 FINE ARTS ACTIVITIES Regulations generally 2.80 .080 FINE ARTS COMMISSION Compensation, expenses 2.80.090 Effect of provisions 2 .80 .100 Established, appointment, composition 2 .80 .010 Meetings generally 2 .80 .050 quorum 2. 80 . 050 voting, requirements 2 .80.060 Members appointment, composition 2.80.010 terms of office 2.80 .020 vacancy filling, removal procedures 2.80 .030 Officers 2.80 .040 Powers, duties generally 2.80.080 Records 2 .80 .070 FIRE See FIRE CODE See SMOKING 2018 S-70 FIRE CODE Access to building openings and roofs 16 .40 .130 Appendix chapters, adoption of 16.40 .015 Automatic sprinkler systems 16.40.210 California Fire Code adoption 16.40.010 Decorative vegetation in new and existing buildings 16.40.200 Definitions 16.40.070 Egress, means of 16.40.230 Electrical equipment, wiring and hazards 16.40.180 Explosives and fireworks 16.40 .370 Fire apparatus access roads 16 .40 .120 Flammable and combustible liquids Class I and II liquids in aboveground storage tanks prohibited 16 .40. 3 80 Class I and II liquids in outside aboveground tanks 16.40.390 storage 16.40.385 Flammable cryogenic fluids 16.40.410 General precautions against fire 16 .40. 220 Hazardous materials 16.40 .355 general requirements 16 .40. 3 60 storage 16.40.365 Hazards to firefighters 16.40.080 International Fire Code adoption 16.40.010 Liquified petroleum gases 16.40.440 On-demand mobile fueling 16.40.400 Permits 16 .40. 060 Precautions against fire 16.40.220 Reference standards 16.40.460 Silane distribution systems automatic shutdown 16.40.440 Toxic and highly toxic materials 16.40.420, 16.40.430 Wildland-Urban Interface Fire Area application 16 .40 . 310 defensible space 16.40 .320 definitions 16.40. 300 fire protection plan 16.40.330 ignition source control 16.40.350 water supply 16.40 .340 FIREARM Permit required 10.76 .010 Violation, penalty 10.76 .020 FIRE CHIEF Bingo license applicant investigation 5 .32 .220 ( ( 16A HORSE See ANIMAL HOTEL Business license tax rate 5.04.390 HOUSING ADVISORY, APPEALS BOARD Created, appointment, powers, duties generally 16 .56 .020 HOUSING CODE Adopted 16 .56.010 Appeals 16 .56.020 Violation, penalty 16.56 .030 HOUSING COMMISSION Chairperson, vice-chairperson, selection, term 2.86 .050 Compensation 2.86.070 Effect of provisions 2.86 .130 Established, composition 2 .86.010 Meetings See also Procedural rules regulations generally 2.86 .060 voting, requirements 2.86 .080 Members See also Specific Subject selection, qualifications, residency 2 .86 .020 Power, duties, responsibilities generally 2.86 .100 Procedural rules 2 .86.120 Records 2 .86 .090 Staff assistance 2 . 86.110 Terms of office 2.86 .030 Vacancy, filling 2 .86 .040 --I -- IMPROVEMENTS , STREET See STREET IMPROVEMENT INSPECTION Exemption from provisions 1.08.020 Notification of rights 1.08 .030 Warrant required 1.08 .010 --J -- JUNKYARD Business license 2018 S-70 See also BUSINESS LICENSE fee 5.04 .350 Index --K -- KENNEL See ANIMAL --L -- LAND DEVELOPMENT PLANNING See also ZONING Specific plans applicability 20.04.020 contents 20 .04.050 fees 20 . 04. 060 preparation, adoption, amendment, repeal 20.04.030 purpose 20.04.010 zoning district designation 20. 04 . 040 LANDSCAPING Applicability 14 .15 .020 Audit of existing landscapes larger than one acre 14.15.150 Definitions 14 .15.030 Graywater systems 14.15.100 Intent 14 .15.010 Irrigation schedule 14 .15 . 110 Landscape and irrigation maintenance schedule 14.15.120 Landscape documentation package 14 . 15.050 Landscape and irrigation installation report 14.15 .130 Landscape maintenance agreement 14 .15.140 Local agency reporting 14 .15.170 Cupertino -Index 16B ( l 17 Penalties 14.15.180 Prescriptive compliance option, 14 .15.040 Public education 14.15 .160 Recycled water 14 .15.090 Soil analysis 14 .15. 080 Water budget calculation 14.15 .070 Water-efficient design element 14 .15 .060 LIBRARY COMMISSION Compensation 2 .68 .050 Duties, powers , responsibilities 2.68.070 Effect 2.68 .080 Established 2 .68 .010 Meetings, quorum 2 .68 .040 Records 2.68 .060 Terms of office 2 .68 .020 Vacancy, removal 2.68 .030 LICENSE See also PERMIT Bicycle 11.08.020 Bingo 5 .32.190, 5 .32 .270 Business See BUSINESS LICENSE Cat 8 .08.350 Commercial advertising 10 .52 .060 Dog 8.08 .260 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.132.070 applicability of provisions 19.132 .020 conditional use permit findings, basis 19.132 .050 grant criteria 19.132 .030 hearing 19.132.040 purpose of provisions 19 .132 .010 restrictions generally 19.132.060 Consumption, open container possession prohibitions 10.49 .010 Violation, penalty 10.49.020 LOADING ZONES See PARKING --M -- MANAGER, CITY Abandoned, inoperative vehicle enforcement 11.04.040 removal authority 11.04.061 storage notice 11.04.130 2018 S-70 Index Animal control adminis:rative authority 8.01. 040 seizure hearing 8 . 06. 040 Approved street tree enforcement 14.16 .080 Bicycle enforcement 11 . 08 . 030 lanes designation 11. 08. 25 0 license issuance 11. 08 . 040 Bingo license applicant investigation 5.32 .210, 5 .32.220 approval 5 .32 .240 denial 5.32.250 Bingo, provisions administration 5. 32 .170 Clerk, city, appointment 2 .20.100 Commission meetings, attendance 2 .28.060 Compensation, reimbursement 2 . 28 . 080 Created 2 .28 .010 Departmental organization authority 2.48.030 Director of emergency services 2.40.050 Eligibility, bond 2 .28.030 Garage, patio sale enforcement authority 5.16 .060 Grocery store enforcement authority 5 .36.060 Park and/or building permit issuance 13.04.040 Parks administration 13.04.220 Pedestrian regulations administration 11. 09. 020 Powers, duties 2.28 .040 Relations with council 2.28.050 Sales and use tax , alternate, collection 3.09 .050 Solicitor administrative authority 5 . 20 .100 identification permit application investigation 5. 20 . 020 revocation, duties 5. 20. 070 Street tree enforcement 14 .12.040 Surplus sales officer duties 3. 25 . 020 Suspension, removal, resignation 2.28 .090 Taxicab driver license suspension, revocation 5 .28.180 Temporary absence, replacement 2 .28.070 Traffic speed limit signing 11.12. 040 stop intersection signing 11. 20. 040 Water department duties 15 .12.090 provisions enforcement 15 .12.050 MARIJUANA 19 .98 .010 Cupertino -Index 18 .. MA RI JUANA, MEDICINAL AND ADULT USE OF 1·comrnercial marijuana activities 10.84.030 Definitions 10. 84 . 020 Enforcement, remedies and declaration of public nui sance 10: 84 . 050 Possession, delivery, distribution, and indoor cultivation of marijuana 10 .84 .040 Purpose 10.84.010 MASSAGE ESTABLISHMENTS, SERVICES Conditions of premises 9.06.196 Definitions 9.06 .020 Exemptions from provisions 9.06 .030 Inspection of premises 9.06 .230 License, permit See also MTO certificate, Permit application 9 .06.050 documentation 9 .06 .055 fee 9.06.060 grounds for denial 9.06 .070 expiration and renewal 9.06.065 required 9 .06.040, 9.06.041 suspension or revocation appeals 9 . 06. 220 grounds 9 . 06. 200 hearing 9.06 .210 notice 9.06 .210 MTO certificate See also License, permit, Permit required 09. 06. 041 Operating requirements 9.06.193 Pe r m.it See also License, permit, MTO certificate massage establishment employees permit requirements 9.06 .080 massage therapist annual medical examination 9.06 .160 criteria 9.06.110 practical examination 9.06.120 outcall massage application 9 .06.180 criteria 9. 06. 190 Prohibited acts 9 .06.198 Purpose of provisions 9.06 .010 Sanitary conditions 9.06.196 Violation 2018 S-64 continuing 9.06 .260 alternative remedies 9.06.260 penalty 9 .06 .250 public nuisance 9 .06.240 MAYOR Board of appeals appointment 16 .02.280 Disaster council chairman 2.40.030 Employees' retirement system execution 2 .56 .020 MECHANICAL CODE Adopted 16 .24 .010 Adoption of appendix chapters 16.24.015 Name insertion 16.24 .020 MEDICINAL MARDUANA Commercial marijuana activities 10.84.030 Definitions 10 .84.020 Enforcement, remedies and declaration of public nuisance 10.84.050 Possession, delivery , distribution, and indoor cultivation of marijuana 10.84.040 Purpose 10. 84.010 MINIMUM WAGE Application of minimum wage to welfare-to-work programs 3.37 .110 Authority 3.37.020 Definitions 3.37 .030 Enforcement 3. 3 7. 090 Fees 3.37.120 Implementation 3. 37. 080 Minimum wage 3.37.040 Notice , posting and payroll records 3.37 .060 Relationship to other requirements 3. 3 7. 100 Retaliation prohibited 3 .37 .070 Title 3.37.010 Waiver through collective bargaining 3 .37.050 MINOR See BINGO CURFEW MOBILE VENDORS See VENDORS, MOBILE MOSQUITOES Abatement by city when 9 .16 .080 cost See also Lien payment by owner 9 .16.090 notice coo.tents 9 . 16.050 when 9 .16.040 Breeding places declared nuisance 9. 16.020 ( ( 19 Enforcement authority 9.16.030 Findings , intent 9.16.010 Health officer defined 9.16.150 Hearing 9.16 .060 Lien exemption 9. 16 .140 foreclosure 9.16.120 generally 9 .16.100 recordation, priority 9 .16.110 satisfaction from sale proceeds 9 .16 .130 Recurrence of nuisance 9.16.070 MOTEL Business license See also BUSINESS LICENSE fee 5.04.390 MOTOR COURT Business license tax rate 5 . 04 . 390 MOVING BUILDINGS See BUILDING --N -- NEWSPAPER See ADVERTISEMENT NEWSRACKS Administration See Committee Amortization 10.21.120 Appeals 10 .21.100 Applicability of provisions 10.21.030 Committee 10 .21.060 Definitions 10.21.020 Design standards 10 .21.040 Display of certain materials prohibited 10 . 21 . 050 Maintenance 10 .21.070 Permit, insurance requirements 10.21.080 Purpose of provisions 10.21.010 Violation abatement 10 .21.090 penalty 10.21.110 NOISE CONTROL Administration 10.48 .020 Animals, birds 10.48 .061 Brief daytime incidents 10.48.050 City department duties 10.48 .023 Definitions 10.48.010 Deliveries , pickups, nighttime 10 .48. 062 2018 S-64 Index Disturbance prohibited 10 .48.060 Emergency exception 10.48.030 Exceptions appeal 10.48.032 emergency 10.48 .030 homeowner construction work 10.48 .029 special, granting 10 .48 . 031 Grading, construction, demolition 10.48.053 Home maintenance activities 10.48 .051 Maximum levels 10.48.040 Motor vehicle faulty muffler system 10.48 .056 idling 10.48.055 Multiple-family dwelling unit, interior noise 10.48 .054 Multiple section applicability 10.48 .013 Officer See NOISE CONTROL OFFICER Other remedies 10.48.014 Outdoor public events 10.48.055 Recreational vehicles 10.48. 057 Violation notice 10.48.011 penalty 10.48 .070 NOISE CONTROL OFFICER Administrative duty 10.48 .020 Defined 10.48.010 Duties 10 .48. 022 Exception granting authority 10. 48 . 031 Noise abatement order 10.48.011 Powers 10.48.021 NUISANCE Abandoned, wrecked, inoperative vehicle 11.04 .010 Abatement See NUISANCE ABATEMENT Animal 8.08.150 Code chapters designated 1.09.180 Graffiti 10.60 .020 Marijuana, use of 10.84 .050 Nighttime delivery to commercial establishment 10 .48. 062 Penalty 1.12 .030 Property maintenance See PROPERTY MAINTENANCE Se wer wells, cesspools, seepage pits 15 .20.120 Sign, illegal 19.104.330 Weeds 9.08 .020 Zoning provisions, noncompliance 1.09.170 Cupertino -Index 20 NUISANCE ABATEMENT Civil action permitted 1.09.100 Cost recovery 1.09.090 Declaration of nuisance 1.09.040 Definitions 1. 09 . 030 Hearing council action 1. 09. 070 notice form 1.09 .050 service, posting 1. 09. 060 Purpose of provisions 1. 09. 020 Short title, statutory authority 1.09.010 Violation, penalty 1.09.160 --0 -- OFF-STREET VEHICLES Appeal from permit denial 11.10 .015 Exemptions 11. 10.013 Operation parent, guardian responsibility 11.10.014 permit requirements 11. 10.012 Purpose of provisions 11.10 .010 Vehicle defined 11.10.011 Violation, penalty 11.10.016 ORDINANCE See also RESOLUTION Clerk record keeping 2 .20 .030 Defined 1.04.010 Passage effective date 2 .12. 050 time, reading 2.12 .020 vote required 2.12.040 Publication 2.12.010 Real property description requirements 2.12.060 --p -- PACIFIC GAS AND ELECTRIC COMPANY See FRANCHISE PARADES AND ATHLETIC EVENTS Administration, authority designated 10.44. 030 City costs, reimbursement 10.44.075 Definitions 10.44.020 Indemnification requirements 10 .44 .055 Liability insurance required 10.44.056 Obstruction, interference prohibited 10.44.130 2018 S-70 Permit appeal 10 .44. 140 application contents 10.44.050 criteria 10.44.100 decision, notice 10.44.100 fee 10.44 .070 filing period 10 .44. 060 contents 10 .44. 110 reqmred 10~4'1-. 040 revocation 10.44.150 suspension, emergency 10.44.160 Purpose of provisions 10.44.010 Route, site, cordoning 10.44.120 Violation, penalty 10.44 .180 PARK AND RECREATION COMMISSION See also DEPARTMENT ORGANIZATION PARKS, CITY Chairman 2.36.040 Effect of provisions 2 .36.110 Established 2 .36 .010 Majority vote required when 2 .36 .060 Meetings 2 .36 .050 Members terms of office 2.36.020 vacancy , removal 2.36.030 Powers, functions 2.36.080 Procedural rules 2.36.090 Records 2.36.070 PARKING Camp car, mobilehome, prohibited where 11. 28. 020 City property definitions 11.31.010 parking defined 11. 31. 010 prohibited 11. 31. 020 unlawful 11. 31. 030 violation, penalty 11. 31. 040 Commercial vehicle weight limit 11. 28. 030 Construction, repair, greasing of vehicle, prohibited where 11.28 .040 Curb markings, signs designated , meaning 11.24.040 obedience required 11.24.050 private street See Private street Definitions 11.24 .030 , 11.28.010 Diagonal private street ( 23 Employer-employee relations 2.52 .280 Employment continuation 2. 52.490 Federal, state, city laws, authority 2 .52.340 Grievance processing procedure 2 .52.420 Impasse procedures 2 .52.410 Jurisdiction A classification plan provisions included 2.52 .160 purpose 2. 52.140 scope of coverage, adoption 2 .52.150 pay plan 2.52 .180 Jurisdiction B provisions included 2 . 52 .240 purpose 2 .52 .220 scope of coverage, adopted 2.52 .230 Jurisdiction C provisions included 2 .52.270 purpose 2.52 .250 scope of coverage, adopted 2 .52.260 Jurisdictions designated 2 .52 .040 exclusions 2.52.050 exemptions 2.52 .060 Legislative intent 2.52 .030 Meet and confer in good faith advance notice required 2. 52.440 exclusions 2 . 52.400 memorandum of understanding 2.52.430 scope 2.52.380 Municipal employee relations officer designated 2 .52.320 Purpose 2.52.010 Repeal of prior provisions 2 .52.070 Retirement See Specific Subject See Purpose Rules, regulations adoption 2 . 52. 330 adoption, effectiveness 2.52.130 scope, applicability 2.52.120 State law applicability 2 .52.370 System adopted 2.52.020 Written agreements, effect 2.52.360 PISTOL See FIREARM PLANNING COMMISSION Chairman, election 2 .32.040 Established 2.32.010 2018 S-70 Index Meetings amendments, records 2 .32 .060 procedure 2.32 .050 Member terms of office 2.32.020 vacancy, removal 2.32.030 Powers, functions 2 .32.070 Procedural rules 2.32.080 PLANNING DIRECTOR Bingo license applicant investigation 5.32.220 PLUMBING CODE Adopted 16 .20 .010 Adoption of appendix chapters 16 .20 .015 Name insertion 16.20.020 POLICE See SHERIFF POLICE ALARM See ALARM POLLUTION See WATERCOURSE POLLUTION PREVENTION POLYSTYRENE FOAM SERVICE WARE Administrative citation and fine 9 .15 .130 Definitions 9. 15. 100 Prohibited 9 .15 .110 Exemptions 9 .15 .120 Severability 9. 15 .140 PRELIMINARY SOIL REPORT See BUILDING PRIVATE SCHOOL Business license See also BUSINESS LICENSE fee 5.04.420 PROPERTY MAINTENANCE City powers 9 .22 .040 Franchise Tax Board, notice 9.22 .050 Penalties 9. 22. 030 Prohibited acts 9 .22.020 Purpose of provisions 9 .22.010 Cupertino -Index 24 PUBLIC AND PRIVATE DEVELOPMENTS, ART REQUIREMENTS See ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS PUBLIC SAFETY COMMISSION Compensation, expenses 2.60 .050 Duties , responsibilities 2.60.070 Effect 2:-60. 080 Established 2 .60.010 Meetings, quorum, officers, staff 2.60.040 Members terms of office 2.60.020 vacancy removal 2.60.030 Records 2 .60.060 PUBLIC WORKS CONTRACTS A ward, criteria Bid lowest bid rejection, effect 3.23.100 lowest responsible bidder 3. 23. 070 competitive, required when 3.23.030 exempt activities designated 3 .23 .130 informal procedure when 3.23.120 invitation, notice, contents 3. 23. 040 opening, procedure 3.23.060 presentation, security, requirements 3. 23. 050 rejection, identical, absence, effect 3 .23 .110 Bond requirements 3. 23. 140 Definitions 3. 23. 020 Lowest responsible bidder See Award, criteria Proceeds, deposit, use 3.23.150 Purpose of provisions 3.23.010 Security See also Bid forfeiture when 3 .23.080 Work additional, procedure when 3.23.160 deletion permitted when 3. 23 .170 PUBLIC WORKS DEPARTMENT See DEPARTMENTAL ORGANIZATION PUBLIC WORKS DIRECTOR Storm drainage service charge collection duties 3. 36. 080 measurement, analysis methods report duties 3 .36.060 premises inspection authority 3. 36 .190 PURCHASING See also EQUIPMENT, SURPLUS, SALE PUBLIC WORKS CONTRACTS 2018 S-70 Administration, scope, authority 3.22.030 Contract See also PUBLIC WORKS CONTRACTS bid, award procedures 3.22.060 Definitions 3 . 22. 020 Exemptions See Public agencies, exemptions when Funds availability required 3. 22. 050 Public agencies, exemptions when 3.22.070 Purchase order, request, petty cash required 3. 22. 040 Purpose of provisions 3.22 .010 PURCHASING OFFICER Contract award authority 3.22.060 Designated 3.22.020 Powers, duties generally 3 .22.030 --Q -- QUARANTINE See ANIMAL --R -- RECORDER, COUNTY Documentary stamp tax administrator 3. 04. 090 RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE Administrative fee, 16.72.060 Covered projects, 16.72.030 Definitions, 16. 72. 020 Diversion requirements, 16.72.040 Findings of the City Council, 16.72.010 Information required before issuance of permit, 16.72.050 Reporting, 16 . 72.070 RECYCLING AREAS; SOLID WASTE, NON-ORGANIC RECYCLING Applicability of provisions 9.16.030 Definitions 9.16.020 Maintenance and collection 9. 16. 050 Purpose of provisions 9.16.010 Site development requirements 9 .16 . 040 Solid waste, non-organic, recycling and organic recycling enclosures 9.16.045 Violation, penalty 9.16.060 RECYCLING, NON-ORGANIC AND ORGANIC WASTE COLLECTION AND DISPOSAL See GARBAGE ( ( 31 use 18.36.020 recordation 18 .36 .070 School land dedication exemptions 18.24.170 payment to subdivider 18 .24 .160 procedure 18 .24.150 required 18. 24. 140 tent map requirements See Tent map Sewer system 18 .32.050 Soils report See Final map Storm drainage 18.32.030 Street improvement, reimbursement See STREET IMPROVEMENT dedication 18.24 .010 direct access waiver 18.24 .230 Tentative map See also Map amendments to approved tentative map 18.16.110 action of city council 18.16 .070 action of community development director 18 .16 . 040 notice of public hearings 18 .16.040 action of planning commission recommending approval 18 .16 .050 recommending denial upon certain findings 18 .16.060 required findings 18.16 .050 department of community development action 18 .16.030 expiration 18.16 .090 extension of time for planning commission or city council action 18.16 .080 extensions 18 .16 .100 form and contents 18 . 16 .010 submittal to department of community development 18 .16. 020 Tentative parcel map See also Map amendments See Map appeals 18 .20 .060 appeals of decisions 18.20.070 procedure 18 .20 .070 approval 18 .20 .040 required findings 18 . 20. 040 denial upon certain findings 18 .20.050 department of community development , submittal to 18. 20 . 020 expiration and extensions 18 .20 .080 form and content 18.20 .010 2018 S-70 Index review and notice of public hearings 18. 20. 030 Utility undergrounding 18.32.070 Variance permitted when 18.04 .050 Vesting tentative map See also Map Violation applicability of provisions 18 .28 .030 expiration 18. 28. 060 consistency 18. 28 . 020 fees 18.28.050 filing , processing requirements 18.28.040 generally 18.28.010 vesting 18.28 .070 certificate of noncompliance See Compliance remedies 18 .48. 020 Warranty security See Improvement security Water system 18.32 .060 SURPLUS PROPERTY See EQUIPMENT, SURPLUS, SALE SUSTAINABILITY COMMISSION Chairperson 2.94 .040 Compensation, expenses 2.94.090 Effect 2.94.110 Established, composition 2 .94 .010 Members terms of office 2.94.020 vacancy or removal 2.94.030 Meetings majority vote required 2.94 .060 procedural rules 2.94.100 quorum 2.94 .050 Powers and functions 2.94.080 Records required 2.94.070 SWIMMING POOL 16 .04.400 SWINE See ANIMAL --T -- TAVERN See RESTAURANT TAX See Specific Tax TAX ADMINISTRATOR Defined 3 .12.020 Transient occupancy tax records access 3. 12. 110 unreported, determination, notice of hearing 3 . 12. 090 TAX COLLECTOR Storm drainage se rvice charge eellection duties 3. 36 . 080 TAXICAB Administrative authority 5 .28.015 Appeal 5.28.185 Business license See also BUSINESS LICENSE fee 5 .04.430 Definitions 5.28.010 Direct route 5. 28 .190 Driver permit application, issuance 5. 28 .165 denial 5.28.170 employment termination 5 .28.175 required 5. 28. 160 suspension, revocation 5.28.180 Fare schedule adoption 5 .28.030 posting 5.28.050 Liability policy bond 5 .28 .150 cancellation, notice 5. 28 .140 required 5 .28 .120 requirements 5 .28 .130 Overcharge, restitution 5.28 .210 Permit application 5 .28.070 denial 5. 28 . 080 driver Se e Driver permit for additional, substitute vehicles 5.28 .110 required 5. 28 . 060 revocation , suspension 5. 28 .100 term 5.28 .090 Refusal of service prohibited 5 . 28 . 200 Taximeter operation 5.28 .040 required 5. 28 . 020 Vehicle numbering 5.28 .045 Violation, penalty 5 .28 .220 2018 S-70 Cupertino -Index TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION Budget 2.74 .070 Effect of provisions 2. 7 4 . 080 Established 2 .74 .010 Meetings, staff, officers, quorum 2. 74 .040 Member terms of office 2.74 .020 vacancy filling 2.74.030 Powers, duties 2. 74 .060 Records 2. 7 4 . 050 TEEN COMMISSION Chairperson 2.95.040 Compensation , expenses 2.95.090 Effect 2.95 .110 Established 2.95 .010 Meetings majority vote required 2.95.060 procedural rules 2.95 .100 quorum 2.95 .050 Members terms of office 2. 95. 020 vacancy, removal 2.95.030 Powers and functions 2.95.080 Records 2.95.070 TELECOMMUNICATION USERS' TAX Actions to collect 3.35.100 Additional powers and duties of the Tax Administrator 3 . 35 .130 Administrative remedy -non-paying service users 3 .35.120 Adoption 3.35.020 Appeals 3 .35.160 Bundling taxable items with non-taxable items 3 .35 .060 Collection penalties -service suppliers 3 .35.090 Constitutional, st atutory, and other exemptions 3.35.040 Deficiency determination and assessment -tax application errors 3 . 35 .110 Definitions 3 . 35 . 030 Duration 3.35 .230 Duty to collect -procedures 3. 35. 080 Effect of state and federal reference/ authorization 3.35.190 Independent audit of tax collection , ex emption, remittanc e , and expenditure 3 .35.200 Interaction with prior tax 3. 35 . 210 No injunction/writ of mandate 3. 35 .170 Notice of changes to ordinance 3.35 .180 32